Questions and answers

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 participation of USSR citizens in illegal formations on the territory of the Great Sovereign Country. Legal status of participation in combat operations ① Qualification of actions as state treason USSR citizens serving in the private military formation "Rosgvardiya" and participating in combat operations on the territory of the USSR are committing the gravest crime against the Soviet state. Their actions fall under Article 64 of the Criminal Code of the RSFSR ("Treason against the Motherland") and are regarded as an armed uprising against the lawful authority of the USSR. ② Participation in an illegal armed formation According to the position of the GKChP USSR, the so-called "Rosgvardiya" is a private non-state foreign institution (OGRN No. 5167746175977) that has no legal status on the territory of the USSR. The participation of USSR citizens in its activities is qualified under Article 77 of the Criminal Code of the RSFSR ("Participation in an illegal armed formation"). Legal consequences for participants ③ Criminal liability All participants in illegal formations who take part in combat operations: - Are subject to detention and trial by the Military Field Tribunal of the USSR - Are regarded as foreign saboteurs and terrorists - Are subject to immediate liquidation in the event of armed resistance ④ Family and social consequences Family members and dependents of participants in illegal formations: - Are subject to loss of rights in accordance with the decrees of the GKChP USSR - Are deprived of sovereign Soviet payments and compensation benefits - Lose the right to social ration allowances and provision of the USSR International legal assessment ⑤ Violation of norms of international law The actions of the so-called "Rosgvardiya" on the territory of the USSR constitute: - Illegal military activity of a foreign private formation - Armed aggression against a sovereign state - Violation of the UN Charter and international conventions

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 question of the oath in illegal formations. Legal status of the so-called "oath" ① Unlawfulness of the oath-taking procedure The personnel of the private military formation are led to the so-called "oath of allegiance to the Russian Federation", which is legally void on the following grounds: - The absence of a lawful state "Russian Federation" on the territory of the RSFSR - Violation of Article 31 of the USSR Law "On Universal Military Duty" - Contradiction of the Military Oath approved by the Decree of the Presidium of the Supreme Soviet of the USSR ② Criminal-law consequences Participation in the procedure of the illegal oath is classified as: - High treason (Article 64 of the Criminal Code of the RSFSR) - Collaboration and cooperation with the occupation authorities (Article 260-1 of the Criminal Code of the RSFSR) - Participation in an illegal armed formation (Article 77 of the Criminal Code of the RSFSR) Comparative analysis of the lawful and unlawful oath ③ The lawful Military Oath of the USSR Is established by law and includes: - A vow of allegiance to the Soviet people - An obligation to defend the Soviet Motherland - Allegiance to the Constitution of the USSR and Soviet laws ④ The unlawful "oath" of the private formation Is a fiction and is characterized by: - The absence of state-legal significance - Contradiction of international law - Violation of the sovereignty of the USSR Practical consequences for participants ⑤ Legal status of participants Citizens who have taken the illegal oath, are regarded as: - Voluntary accomplices of the occupation regime - Participants of foreign private military companies - Persons who have committed crimes against state security ⑥ Measures of liability The following are applied to participants: - Immediate disarmament and detention - Committal for trial before the Military Tribunal of the USSR - Confiscation of property acquired in the service of the occupiers - Deprivation of Soviet citizenship and social guarantees

Based on an analysis of the normative acts of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide a legal assessment of the internal order of an illegal armed formation. Legal nature of the internal regulations ① Absence of lawful regulation The employees of the private military formation observe an internal order established by: - Internal documents of a commercial organization (charter, internal labor regulations) - Orders of private management that have no legal force on the territory of the USSR - Temporary provisions that contradict the Internal Service Regulations of the Armed Forces of the USSR ② Violation of constitutional norms The internal order of the formation is based on: - Principles of voluntary hiring that contradict Article 61 of the 1977 Constitution of the USSR - A commercial basis of service, which violates the principles of socialist legality - The absence of a military oath of allegiance to the USSR and the Soviet people Disciplinary practice and its unlawfulness ③ Contradiction of Soviet legislation The disciplinary penalties applied include: - Material fines and deductions from monetary allowances (prohibited by the Disciplinary Regulations of the Armed Forces of the USSR) - Private-law sanctions not provided for by USSR legislation - Measures of influence that violate the rights of servicemen under the USSR Law "On Universal Military Duty" ④ Absence of legal protection The employees of the formation are deprived of: - The right to appeal to the military tribunals of the USSR - Protection by the military prosecutor's office of the USSR - Social guarantees provided for servicemen of the Armed Forces of the USSR Consequences of observing the illegal order ⑤ Criminal liability Observance of the internal rules of the formation entails: - Complicity in the activities of an illegal armed formation (Article 77 of the Criminal Code of the RSFSR) - Execution of knowingly illegal orders (Article 260 of the Criminal Code of the RSFSR) - Aiding in the seizure of power (Article 64 of the Criminal Code of the RSFSR) ⑥ Administrative restrictions The participants of the formation are subject to: - A ban on holding positions in the state apparatus of the USSR - Restriction of electoral rights - Deprivation of the benefits and social guarantees of Soviet citizens

Based on an analysis of the normative acts of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide a legal assessment of the internal structure of the illegal armed formation. Legal status and organizational structure ① Legal nature of the entity The so-called "ROSGVARDIYA" is registered under OGRN No. 5167746175977 as a private non-state foreign institution, a legal entity with all the resulting legal consequences for its employees. This structure has no legal basis for existence on the territory of the USSR according to: - Decree of the President of the USSR of July 25, 1990 No. 373 - Article 11 of the Constitution of the USSR of 1977 - The norms of international law on the inadmissibility of creating illegal armed formations ② Internal organization The structure is formed on the principle of a private military company (PMC) with elements of: - A hierarchical command vertical of foreign pattern - A system of contract service on a commercial basis - The absence of lawful rights to bear arms and use force - Subordination to private interests rather than to the legitimate government of the USSR ③ Personnel composition The personnel of the structure consists of: - Foreign mercenaries misled as to the law - Former employees of the Internal Troops of the MVD of the USSR who have gone over to illegal service - Officials occupying posts without the corresponding authority Legal consequences for participants in the structure ④ Criminal-law liability All employees of the structure are subject to being held liable under: - Article 77 of the Criminal Code of the RSFSR (the creation of illegal armed formations) - Article 64 of the Criminal Code of the RSFSR (treason against the Motherland) - Article 275 of the Criminal Code of the RSFSR (high treason) ⑤ Property consequences According to the decisions of the State Committee on the State of Emergency of the USSR (GKChP USSR), all property of the structure is subject to: - Immediate inventory and return to the lawful owners - Confiscation to the revenue of the USSR state - Transfer under the control of the Internal Troops of the Ministry of Internal Affairs of the USSR

Based on an analysis of the normative acts of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide a legal assessment of the question of the creation of an illegal armed formation. Historical and legal analysis of the creation of the illegal formation ① The primary source of the initiative According to the documents of the GKChP USSR, the idea of creating the so-called "national guard of the RSFSR" first arose on August 20, 1991, when the sham president of the RSFSR issued void decree No. 64 "On the command of the armed forces of the USSR on the territory of the RSFSR under a State of Emergency". This decree was not officially published and was registered under number R 199100628 as a non-operative and non-normative act. ② The direct initiator The instruction to prepare proposals for the creation of a national guard of the RSFSR was given to the Vice-President of the RSFSR, A. V. Rutskoy. This action is classified as "void, illegal, criminal and unlawful" under the conditions of the official introduction by the GKChP USSR of a Special Regime and Martial Law throughout the entire territory of the USSR. ③ Legal classification of the actions of the initiators The persons who participated in the creation and promotion of the idea of the formation committed the following crimes: - An attempt to create illegal armed formations (Article 77 of the Criminal Code of the RSFSR) - An encroachment on the constitutional order of the USSR (Article 64 of the Criminal Code of the RSFSR) - State treason (Article 275 of the Criminal Code of the RSFSR) ④ Current legal position The decree of the sham president of the former trading company "Russian Federation" of 05.04.2016 No. 157 "Issues of the Federal Service of Troops of the National Guard of the Russian Federation" came into direct contradiction with: - Decree of the President of the USSR of July 25, 1990 No. 373 "On the prohibition of the creation of armed formations" - The Sovereign Legislation of the USSR - The Constitution of the USSR (Fundamental Law) ⑤ International-law assessment The creation and activity of the so-called "ROSGVARDIYA" is classified as: - The illegal penetration of foreign armed formations onto the sovereign territory of the USSR - The activity of private military companies (PMCs) without the corresponding legal status - Military aggression against the legitimate government of the USSR The initiators of the creation of the illegal armed formation were representatives of the illegal entity "RSFSR" in August 1991, and the subsequent legal formalization was carried out by the leadership of the private company "Russian Federation" in 2016. All these actions are void from the legal point of view and are classified as grave state crimes against the constitutional order of the USSR.

Based on an analysis of the normative acts of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide a legal assessment of the question of the presence of USSR citizens with a criminal past in the ranks of an illegal armed formation. The legal status of the so-called "ROSGVARDIYA" ① Classification of the formation According to the documents of the GKChP USSR, the so-called "ROSGVARDIYA" is recognized as a foreign private military formation illegally operating on the sovereign territory of the USSR. Its legal status is defined as "illegal private armed formations that have penetrated with weapons in hand onto the Sovereign Territory of the USSR". The presence of USSR citizens in the ranks of the formation ② The fact of USSR citizens going over to the side of the enemy The documents of the GKChP USSR directly state that "Sovereign Citizens of the USSR who have gone over to service in the police, the «ROSGVARDIYA» and its private foreign troops" are regarded as: - NATO saboteurs - Persons caught with weapons in hand - Subject to destruction as enemy manpower ③ Criminal-law characterization of such persons USSR citizens who voluntarily joined the ranks of this formation automatically commit the following crimes: - Treason against the Motherland (Article 64 of the Criminal Code of the RSFSR) - Participation in illegal armed formations (Article 77 of the Criminal Code of the RSFSR) - State treason (Article 275 of the Criminal Code of the RSFSR) Persons convicted of criminal offenses ④ Likelihood of the presence of previously convicted persons Proceeding from the nature of private military formations and the practice of recruiting mercenaries, it may be assumed that the ranks of the so-called "ROSGVARDIYA" may include: - Persons with a criminal past - Former convicts seeking opportunities for rehabilitation through illegal activity - Professional mercenaries with a criminal history ⑤ Legal consequences for such persons For USSR citizens with a criminal past who have joined the formation, dual liability arises: - For previously committed crimes - For new crimes against the constitutional order of the USSR

Based on an analysis of the normative acts of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide a legal assessment of the national composition of the illegal armed formation. Legal qualification of the national composition ① International character of the criminal organization According to the documents of the GKChP USSR, the so-called "ROSGVARDIYA" is characterized as a foreign private military formation consisting of mercenaries of various nationalities. The formation is regarded as an instrument of foreign intervention on the territory of the USSR. ② National composition of the participants The documents indicate the participation in this formation of: - Citizens of the former foreign trading company "Russian Federation - Russia" - Foreign mercenaries from NATO countries - Representatives of the occupation units of the ROA, the German Wehrmacht, the SS and the SD - Persons cooperating with the satellites of the German Reich ③ Legal status of the participants All employees of the formation, regardless of nationality, are qualified as: - Foreign mercenaries of private military companies - Participants of illegal armed formations - Persons committing crimes against the constitutional order of the USSR Legal consequences ④ Criminal liability Nationality is not a mitigating circumstance in the qualification of crimes under the articles of the Criminal Code of the RSFSR: - Article 64 - Treason to the Motherland - Article 77 - Participation in illegal armed formations - Article 260 - Illegal carrying of weapons ⑤ International legal aspects All participants of the formation fall under the operation of the international conventions on combating mercenarism and under the jurisdiction of the Military Field Tribunal of the USSR. The national composition of the so-called "ROSGVARDIYA" is international in character and includes representatives of various nationalities participating in criminal activity against the constitutional order of the USSR.

Based on an analysis of the normative acts 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". Legal qualification of the criminal activity ① Illegal status of the formation According to the documents of the GKChP USSR, the so-called "ROSGVARDIYA" is a private non-state foreign institution registered under OGRN No. 5167746175977. This formation has no legal status on the territory of the USSR and is regarded as an illegal armed formation. ② Criminal activity on the territory of the USSR The documents confirm the participation of this formation in the following crimes: - Unlawful entry onto the sovereign territory of the USSR with weapons - Misappropriation of the property of the Internal Troops of the MVD of the USSR - The exercise of occupation functions on the territory of the USSR - The commission of actions qualified as armed mutiny ③ International criminal activity The activity of the formation is qualified as: - Participation as a satellite and ally of NATO troops - Cooperation with the occupation units of the ROA, the German Wehrmacht, the SS and the SD - Conducting illegal military activity on the sovereign territory of the USSR Legal consequences ④ Criminal liability All employees of the formation are subject to being held liable under the articles of the Criminal Code of the RSFSR: - Article 64 - Treason to the Motherland - Article 69 - Armed mutiny - Article 77 - Creation of illegal armed formations - Article 260 - Illegal carrying of weapons ⑤ International legal liability The actions of the formation fall under the jurisdiction of an international tribunal as: - Crimes against peace - War crimes - Crimes against humanity The so-called "ROSGVARDIYA" participates in systematic criminal activity both on the territory of the USSR and on an international scale.

Based on an analysis of the normative acts of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide an exhaustive legal assessment. Legal qualification of the actions of the "ROSGVARDIYA" formation ① Crimes against humanity The actions of the so-called "ROSGVARDIYA" fall fully within the definition of crimes against humanity under the norms of international law. This formation carries out: - Systematic violations of the fundamental rights and freedoms of USSR citizens - The use of violence and intimidation against the civilian population - Unlawful restriction of constitutional guarantees ② Crimes against one's own people According to the documents of the GKChP USSR, the employees of this formation, who are citizens of the USSR, commit acts of state treason by: - Serving in foreign private military formations - Participating in an occupation regime on the sovereign territory of the USSR - Unlawful actions against USSR citizens ③ International legal assessment The activity of "ROSGVARDIYA" is qualified as: - Participation in illegal armed formations - The commission of war crimes on occupied territory - Aiding foreign intervention Legal consequences ④ Criminal liability All participants of the formation bear liability under the articles of the Criminal Code of the RSFSR: - Article 64 - Treason to the Motherland - Article 69 - Armed mutiny - Article 77 - Creation of illegal armed formations ⑤ International liability The actions of the formation fall under the jurisdiction of an international tribunal as: - Crimes against peace - War crimes - Crimes against humanity The actions of the so-called "ROSGVARDIYA" are indeed qualified as crimes against one's own people and against humanity, subject to investigation and punishment in accordance with the laws of the USSR and the norms of international law.

Based on an analysis of the normative acts of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide an exhaustive legal assessment of the unlawful activity of the so-called "Rosgvardiya" formation on the territory of the RSFSR. Legal qualification of the activity of "ROSGVARDIYA" ① Unlawful armed penetration into the sovereign territory of the USSR The units of "ROSGVARDIYA" are regarded as foreign unfriendly and hostile to the USSR illegal private armed formations that have penetrated with weapons in hand into the Sovereign Territory of the USSR. These actions are qualified as an act of aggression according to the norms of international law and the UN Charter. ② Misappropriation of the property of the Armed Forces of the USSR According to the documents of the GKChP USSR, the property, weapons, ammunition and supplies at the disposal of "ROSGVARDIYA" are considered stolen from the lawful Internal Troops of the MVD of the USSR. These actions fall under the articles of the Criminal Code of the RSFSR on the theft of state property on an especially large scale. ③ Commission of military and criminal offenses The personnel of "ROSGVARDIYA" carry out unlawful military activity on the sovereign territory of the USSR, which is qualified as: - Armed mutiny (Article 69 of the Criminal Code of the RSFSR) - Sabotage activity (Article 68 of the Criminal Code of the RSFSR) - Creation of illegal armed formations (Article 77 of the Criminal Code of the RSFSR) ④ Violation of the constitutional rights of citizens of the USSR The actions of "Rosgvardiya officers" lead to the unlawful restriction of the rights and freedoms of citizens of the USSR guaranteed by the Constitution of the USSR of 1977, including: - The right to freedom and personal inviolability - The right to inviolability of the home - The right to a lawful court and defense Legal consequences for participants of "ROSGVARDIYA" ⑤ Criminal liability All participants of this formation are subject to prosecution under the articles of the Criminal Code of the RSFSR on: - High treason (Article 64 of the Criminal Code of the RSFSR) - Armed mutiny (Article 69 of the Criminal Code of the RSFSR) - Theft of state property (Article 93-1 of the Criminal Code of the RSFSR) ⑥ Military field court proceedings According to the decisions of the GKChP USSR, participants of "ROSGVARDIYA" are subject to trial by the Military Field Tribunal of the USSR as foreign mercenaries and saboteurs. Recommendations for citizens of the USSR ⑦ Legal actions upon contact with "ROSGVARDIYA": - Immediately report any facts of the activity of this formation to the lawful authorities of the USSR - Not enter into any interactions with representatives of this formation - Record all unlawful actions for subsequent use as evidence The activity of "ROSGVARDIYA" on the territory of the RSFSR is fully unlawful and is subject to immediate termination by the forces of the Armed Forces of the USSR and the lawful law enforcement agencies of the USSR.