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  • New Rules For Rough Play

    NEW RULES FOR ROUGH PLAY
    By Albina Kovalyova

    Russia Profile.org
    August 12, 2009

    A New Law Has Russia's Neighbors Worried about War, and
    Parliamentarians Concerned about Further Consolidation of the
    President's Power

    The President of the Russian Federation Dmitry Medvedev has introduced
    a new bill to the Russian Parliament that would revise the current Law
    on Defense, and would broaden the conditions for Russia's military
    action abroad. The introduction comes as a consequence of last
    year's August war with Georgia, and sends a worrying message to the
    CIS countries, some of which already have a strained relationship
    with Russia.

    The current Law on Defense allows Russia's armed forces to take
    military action outside Russian territory only in response to
    aggression that is directed toward the country and poses a threat to
    Russia's territorial integrity. The revised law will allow Russia to
    use military force "to return or prevent aggression against another
    state, to protect citizens of the Russian Federation abroad, to
    fight piracy and to ensure the safety of the shipping industry,"
    the outline of the bill on the Kremlin Web site states.

    The president made it clear that the reform to this law has to
    do with the military conflict with Georgia. "It is tied to the
    well-known events of last year," Medvedev told the Interfax news
    agency. The announcement has been timed to coincide with the one year
    anniversary of the war, along with the appointment of the new Head
    of Military Training of the Armed Forces of the Russian Federation
    Valery Yevnevich.

    Some may be forgiven for thinking that these moves are meant as a
    warning to Russia's neighbors. Anatoly Tsiganok, the head of the Center
    for Military Prognosis of the Institute of Political and Military
    Analysis, believes that the new revision to the Law on Defense is a
    demonstration of Russia's power to the Caucasus and to Ukraine. "This
    law is only being introduced in order to be able to bring the military
    to fighting mode if any of the Russian peacekeepers are attacked by
    Georgia in South Ossetia and Abkhazia, without the say of Parliament,"
    he said.

    As a result the revision is likely to upset the international
    community, which is already starting to worry about what these
    revisions could imply. "When the bill was first introduced by Dmitry
    Medvedev, I immediately got worried telephone calls from colleagues
    in Armenia, Moldova and Ukraine," Tsiganok said. Russia used the
    precedent of protecting its own citizens to justify the fighting in
    August of last year, and the issue of citizen protection now raises
    the question of what will constitute such protection. Will it be used
    as an excuse to attack other countries if some misfortune befalls a
    Russian national there?

    Opinion is generally divided between those who, like Tsiganok,
    believe that there should be no law giving the president the right
    to use military action abroad, and those who think that such powers
    may be justified in certain circumstances. The State Duma Deputy and
    Deputy Chairman of the Security Committee Gennady Gudkov believes
    that such a law may be necessarily to give the president a certain
    power of protection against the threats of foreign military attacks
    and terrorism. However, the existence of the law does not necessarily
    imply that it must be put into action. "The question of how we will
    act on the law is a question of future political situations and the
    relationship that we have with our neighbors and other countries,"
    he said.

    Another debate surrounding the Law on Defense is that of the
    president's role. Many are concerned about the increasing power that
    the president will have to make such serious military decisions without
    consulting the Parliament. "We are constantly rolling toward total
    monarchy as the constitution and the law get replaced by the will
    of the monarch. This has led to various catastrophes and cataclysms
    several times now, and I am absolutely against this kind of model of
    government," Gudkov said.

    Tsiganok agreed. "When you talk about a law that would allow Russians
    to fight abroad, I do not think it acceptable that this right is
    given solely to the president. I believe that the decision to use
    force abroad should be made only by the Parliament," he said.

    There are also problems with the Russian constitution, which is vague
    on the procedures for responding to acts of aggression against the
    country. It does not seem to be clear who would be authorized to
    make decisions - the Parliament or the president, who would only
    inform the Parliament of what he had already decided and possibly
    even acted upon. This absence of a coherent code of conduct needs to
    be rectified. "The constitution must be developed thoroughly to take
    into account the various cases that may arise," Tsiganok said.

    Although it is not yet clear how the law will influence Russia's
    future actions, the decision to amend the existing law in this way
    may lead to discontent among other CIS countries. Georgia and Ukraine
    are particularly worried about Russia's intentions, and this news
    will certainly increase their apprehension.

    The mounting tension in the Caucasus was further intensified on
    Wednesday, when the Russian Prime Minister Vladimir Putin, while on
    a trip to Abkhazia, announced plans to spend around $500 million on
    military bases and the building of a protective border guard system
    in the region.

    Meanwhile, Russia's problematic relationship with Ukraine this week
    was further jeopardized by Medvedev in an address to the Ukrainian
    President Victor Yushchenko. In his video blog, Medvedev criticized
    the Ukrainian authorities for hindering the development of cultural and
    economic relationships between the two countries and taking "an openly
    anti-Russian position in relation to the military attack on South
    Ossetia by Saakashvili's regime." Medvedev repeated the accusation
    that weapons used to kill innocent civilians and Russian peacekeepers
    were Ukrainian, and said that there would not be a Russian ambassador
    in Kiev until the relationship between the two countries improved.
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