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Executive Power in the RF Decided to Forget about Constitution

Executive Power in the RF Decided to Forget about Constitution

Contingent of the Russian military men in quantity of 3,8 thousand people per each republic will stay in the territory of Abkhazia and South Ossetia, Minister of Defence of the Russian Federation Anatoly Serdjukov informed at a meeting with the president of Russia Dmitry Medvedev in Moscow. The head of military department specified that the corresponding agreement had been already made with a management of both republics, "the structure of armies and places of disposition have been already determined". Serdyukov added that it would be Dzava and Tskhinvali in South Ossetia, while in Abkhazia military men "will be placed on places where the Russian peacemakers were".

The Russian armies will stay in the territory of Abkhazia and South Ossetia on the basis of bilateral agreements with these republics and will not have the status of peacemakers, Minister for Foreign Affairs of the Russian Federation Sergey Lavrov declared.

"Since October, 10 there will no Russian peacemakers in the Georgian territory in safety zones around of Abkhazia and South Ossetia. Those who are there on the basis of direct two-way deals between Russia, South Ossetia and Abkhazia in territory of these republics - are not peacemakers. They represent contingents, divisions and parts of Armed forces of Russia on a contract basis assisting to provide safety of South Ossetia and Abkhazia", - the head of the Ministry of Foreign Affairs of the Russian Federation told at a briefing on Tuesday.

From editorial staff: Country leaders decided to lower the value of questions of war and peace up to a departmental level. Article 102 of Constitution of the Russian Federation says that "To the competence of the Council of Federation refer: (...) making decision on a question on opportunity of use of Armed forces of the Russian Federation outside the territory of the Russian Federation". This item of Constitution was simply forgotten during the introduction of troops of the 58-th army to territory of Georgia and then when too numerous number of "unreliable" citizens noticed the omission, it was, obviously, decided not to go on concessions to public opinion and to cancel that constitutional norm completely without registration.

So, Minister of Defence already reports the president of the country, how many armies and where he, the minister, decided to introduce to the territory of the foreign states - Abkhazia and South Ossetia. The president with juridical education listens with interest.

All will end in that next time the president won't be reported about such a trifle as introduction of the Russian armies somewhere. Some colonel will introduce - and will report following command. A pier, we took Berlin, where should we hand it over under inventory?

Actually, it was so with Poti, when president Medvedev on August, 26 with metal in voice declared to the channel Russia Today that there were no Russian armies in the territory of Georgia outside of a zone of responsibility of peacemakers, while general Nogovitsyn emblazoned the same afternoon how our commandoes retrenched in Poti and arrested the Georgian policemen. It was not reported to the supreme commander in chief, well, it happens.

Legal and civil consequences of replacement of Constitution of the Russian Federation without registration by departmental circulars couldn't be estimated. There are only historical analogies. Someone ordered to fire on workers on January, 9, 1905, someone at own risk launched Civil war, someone shot family of citizen Romanov. Someone gave an order to storm the House of Councils in October of 1993...

"We are wild, we have no laws... ", Pushkin wrote, though meaning the gipsy in Bessarabia but not inhabitants of Konstantinovsky palace in Petersburg.


Eugeny Ihlov, for example, on the basis of legal untidiness and legal nihilism of the Kremlin quite proved called into question Medvedev's decrees about recognition of sovereignties of Abkhazia and South Ossetia. He writes:

"Dmitry Medvedev in the same fatal day on August, 26 not only ascertained that all Georgian ethnos is uniform subject which couldn't bear peace existence with the Abkhazians and Ossetians but also inconsiderately broken the Constitution of the Russian Federation.

Comprehension of own political greatness forced him to undertake mission of recognition of independence of Abkhazia and South Ossetia, not trusting this historic step to parliament. Меdvedev issued it in decrees. In language of lawyers it sounds so: "The head of the state by sublegislative act cancelled international - treaty obligations of the Russian Federation which under the working Constitution (part 4, article 15) possess a priority in comparison with the internal legislation".

Thus, the decrees of president Medvedev are illegal from the moment of their edition. If our "guarantor" operated strictly under the law, the question should be solved by the State Duma. It was necessary to it first to denounce (or at least to suspend) both the Russian - Georgian agreement of 1994 and all other agreements and conventions recognizing and guaranteeing territorial integrity of a neighbouring country".

Let's notice that opposition today does not even put under doubt the expediency of "Five-day war" and recognition of the republics. It is a separate question, there is no consensus on thisquestion. Though obvious "mistakes" of the government are evident, they put everything that was made by army, for what people died under doubt...

This practice proceeds. Not the Kremlin but all Russia will pay off for it including babies who have not been born yet.

Аnatoly Baranov

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