"WE COME IN PEACE" (a phrase from the movie "Mars Attacks")

On 11 August, Russian President Dmitriy Medvedev submitted to the State Duma draft amendments to the federal law "On Defence", which significantly enlarge the scope of action allowed to the Russian army abroad. Previously, the same basic military law clearly limited their "mission" to three tasks: to repel aggression against the Russian Federation, to protect the integrity and inviolability of its territory and to implement Russia's international obligations. There is now a proposal to use the army to address a broader range of tasks abroad.

As can be seen from the text of the document posted on the Kremlin's official site, the bill provides that, in order to protect the interests of Russia and its citizens and to "maintain international peace and security", the Russian armed forces may be quickly deployed outside its territory in accordance with generally recognized principles and norms of international law, international treaties signed by the Russian Federation and the bill for the following tasks:

To repel an attack on the armed forces of the Russian Federation or other troops stationed outside its territory;

To repel and prevent aggression against another state;

To protect Russian citizens abroad;

To combat piracy and ensure the safety of navigation.

In our opinion, there are several reasons for the emergence of this bill. Undoubtedly, the most important of them is the Kremlin's desire to establish additional safeguards to protect its interests and "achievements" in and around the regions of Abkhazia and South Ossetia. It is no coincidence that it appeared on the first anniversary of the events in Georgia and against the background of Putin's and Medvedev's visits to South Ossetia and Abkhazia. Medvedev himself explained his initiative: "This is related to the well-known events which occurred a year ago. These issues should be clearly regulated." On 8 August 2008, Russia launched a "peace-enforcement operation" in the territory of the unrecognized republic of South Ossetia, which raised many questions abroad from a legal point of view. The decision to participate in the armed conflict was adopted even without the prior approval of the Federation Council. Then Federation Council Speaker Sergey Mironov stated that he did not see any need for a meeting since Russia was not sending troops to Georgia, but was only "increasing its peacekeeping force". One of the leading pro-Kremlin Russian political scientists, Sergey Markov, believes in this context that a legal improvisation took place at the time and that the legislature had not been finally adjusted, which is why the legal regulation of such situations is required now. There is now a legal mechanism which allows the Russian president to use his armed forces outside the territory of Russia.

Secondly, the new bill is aimed, in our view, at strengthening the political-military positions of Russia not only in Georgia but throughout the Commonwealth of Independent States, including the South Caucasus region. In this regard, the adoption of this legislation may affect the interests of Azerbaijan, as it could become an additional factor strengthening the military and political positions of Russia's outpost in the Caucasus - Armenia, a neighbour which is still hostile to us.

Until recently, the only international legal document which regulated the possibility of using Russian troops abroad in detail was the Collective Security Treaty (CST) of 1992. Article 4 of this treaty provides for direct military assistance "in the event of an act of aggression against any of its member states". Thus, the CST allows Moscow to use its troops outside Russia only in the territory of the other parties to the treaty, which was also signed by Armenia, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan. Article 6 of the Collective Security Treaty states that "armed forces can be used outside the territory of the member states solely in the interests of international security, in strict accordance with the UN Charter and the laws of the member states of this treaty". In other words, the CST contained specific references to the UN Charter, which served as an international legal limit on possible armed actions by a member country of the CSTO. The new bill no longer has such a limit.

Thus the most likely field for the enforcement of the new law could be the post-Soviet area, which Moscow regards as its sphere of influence. And the issue is not only about the protection of CSTO allies. Russia has contingents of peacekeepers in many countries in the region (in Moldova), as well as military bases (in Ukraine, Armenia, Kyrgyzstan, Tajikistan, the Dniester region, Abkhazia and South Ossetia). Finally, a significant portion of this region will become a field of action for Moscow-backed rapid reaction forces within the framework of the CSTO.

In addition, the new, broad interpretation of the bill can now include such legally controversial threats as those announced in 2006 by the Russian deputy prime minister and minister of defence, Sergey Ivanov, when he said that if Ukraine attempted to capture Black Sea Fleet bases, then Russian troops could use their weapons. Another provision provides a greater opportunity to use the army to protect Russian citizens abroad - if you will, the reason for the use of troops could be the defence of Russian businessmen, tourists and even ordinary citizens.

In general, the bill is, as we see it, precautionary in nature, stressing Moscow's readiness to pursue its interests, not only within the framework of generally accepted international legal norms and structures, but also outside - if its interests so require. The question is how this will affect international and regional security, including the interests and security of our country.