Melnichenko R. The international aspects of the conflict in the Chechen Republic/Roman Melnichenko; translation from Russian to English K. Kozubenko.
From positions of norms of International law legal aspects of position with human rights in the Chechen Republic are analyzed in this article. The analysis included disclosing following concepts: "prompting of a constitutional order "and" antiterrorist operation ". It is made the offer on wider application it is international-rules of law in territory of a confrontation in the Chechen Republic.
We hear very often about the Chechen problem. The term of appointment of the first president of Russia has passed it in attempts to settle. The second president in many respects has received the post owing to "small victorious war ". Unfortunately, it is not audible any distinct legal analysis of these events. We would like to offer the sight at the existing conflict from a position it is international-rules of law.
The state bodies of Russia are used to name all events in rebellious republic consistently with legal terms such as " prompting of a constitutional order " and " antiterrorist operation ". Are these terms correspond to a real legal state of affairs?
Prompting of a constitutional order. There is a Chechen Republic in structure of the Russian Federation according to clause 65 of the Constitution of the Russian Federation. To direct a constitutional order, - means to provide action of the Russian laws in this territory. The question is, whether the Chechen Republic is included into structure of the Russia as the country?
According to the domestic doctrine, the federative state consists of the several subjects which have united for the decision of the general problems. The principle of voluntaries of occurrence of subjects naturally follows from this in structure of a federative state. In fact it is impossible to tire out in the union violently. That is the population of subjects future federations should agree to the occurrence in evolving the state.
How the population was interviewed about formation of the Russian Federation? The population of the majority of subjects has expressed the desire to be a part to the Russian Federation as a result of the will on a referendum. As it is known, the referendum about acceptance of the Constitution of the Russian Federation on December, 12th, 1993 took place. As already it has been stated above, in the project of the constitution clause 65 including the list of all future subjects of an arising state contained. Voting for the constitution, the population of subjects automatically expressed the consent or disagreement to occurrence of the territory in structure of Russia.
The population of the Chechen Republic did not participate in voting on this referendum. Thus in the preamble of the accepted constitution it has been specified: " proceeding from the conventional principles of equality and self-determination of people ".
So, it is impossible to direct constitutional orders in the Chechen Republic, where they simply should not operate. In many respects therefore to the state " prompting of a constitutional order " was necessary to refuse the term.
Antiterrorist operation. The terrorism is a criminal offence. To spend antiterrorist operation - means to involve persons in the criminal liability for the actions accomplished with a view of infringement of public safety, intimidations of the population, or rendering of influence on decision-making by authorities.
To international law such principle, as the right of people to self-determination is known. It is fixed in the charter of the United Nations and in more detail opened in the Declaration on principles of international law of 1870. From the analysis of sources accessible to us it is visible, that the basic part of the population of the Chechen Republic, entering the armed struggle against the Russian army, is guided by this principle. In fact not to the purpose of a robbery there is an attack on the Russian military units.
Way out of the Chechen problem to us are the wider application on the territories of Chechen Republic norms of the international humanitarian right (the right of confrontations) and creation of the international tribunal in the Chechen Republic.
It is necessary to specify, that the majority of inhabitants of the Volgograd area in 1993 the current constitution have spoken against: 48.72 % - Agree and, accordingly, 51.28 % - Disagree. The question on legality of ocurrence in structure of the Russian Federation of this formation is lawful.
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