The Russian air base in RB: to embrace ally for a throat

The agreement on creation in the territory of Belarus of the Russian military air base contradicts national interests of the republic.

"Even without adverse political effects of placement of the Russian air base, the presented draft agreement is discrimination concerning Belarus and fixes neocolonial character of the relations between two countries", – to such conclusion the experts of the site bsblog.info who have analysed the text of the document which now is for signatures at the president of Russia Vladimir Putin came.

The Russian air base can become a change for loyalty of the Kremlin to Alexander Lukashenko’s next re-election.

The agreement is quite volume, therefore authors of research decided to stop in detail only on its basic provisions.

In the resolution of the government of Russia on expediency of signing of the agreement about the SLAVE it is said that the draft agreement is worked previously with the Belarusian party. Very it would be desirable to recognize by name the representatives of Belarus participating in development of the document.

In a preamble of the text of the agreement certain "Republic of Byelorussia" is periodically mentioned. On the political map of the world of such country is not present.

Art. 1 gives the description the SLAVE, as located in geographically carried points (« … in dislocation places»), and also his formations which have been temporarily located out of places of a dislocation on sites of the district, allocated with authorized body of Belarus. The forces the SLAVE participating in doctrines on the Belarusian ranges in the latter case mean.

Further, the SLAVE is understood as military formation« … formation of Armed forces of the Russian Federation, entering structure the SLAVE». I.e. actually any, included in air base structure (i.e. subordinated to the commander) and is unessential on the mission connected with execution of the functions assigned to the air defense Uniform regional system of two countries. The specified norm allows to capture the present agreement expansion including overland group of the Russian armies in Belarus, having explained it is need of protection the SLAVE. And equally to include in structure the SLAVE the Russian military facilities in Vileyka and Gantsevichakh, the agreement on which stay in our country expires in 2020, and to avoid thereby procedure of extension of their stay in Belarus provided by agreements from 1995 concerning these objects.

Proceeding from definition of competent authorities for the Russian Federation in the territory of air base it is planned to place FSB and «… other state authorities operating in a place of a dislocation of the Russian aviation base». Besides, without any restrictions on character of tasks solved by them.

The dislocation the SLAVE is provided on a gratuitous basis. Thus to the real estate transferred in its structure, the land lots, and also the tracks located on them, highways, ranges, airfields, points of basing (providing), capital structures (buildings, constructions), stationary means of land service of special application, communication, radio engineering, navigation providing, aircrafts, and also other objects intended for functioning of the Russian aviation base» are carried« …. That confirms the fact of a territorial raznesennost the SLAVE.

The Russian aviation base is a part of Uniform regional system of antiaircraft defense of the Russian Federation and Republic of Belarus and solves problems according to the Provision on Uniform regional system of antiaircraft defense of the Russian Federation and Republic of Belarus (source), including counteraction to armed attack acts from the international terrorist formations (Art. 3). Absolutely unclear, from where these formations can appear. If to them, of course, will not help from the outside. It is necessary to remind that recently all sound voices that the Kremlin, tries to keep control over the former Soviet Union through its destabilization more loudly, having replaced being compressed financial resources and power. Operated chaos in Russian. To be fair we will note that in confirmation this version has no facts. In Ukraine it is a question of interstate war.

Application of military formations of the Russian aviation base in a peace time is carried out according to the decision of the commander of ERS air defense, and in case of sudden attack on the SLAVE – by the plans which have been beforehand coordinated with the representative (or competent) body (bodies) of Republic of Belarus.

Art. 4 says that the structure (type and number of aircrafts, arms and military equipment, number of staff) the SLAVE is defined by the Russian side in coordination with Belarus. The organizational and regular structure of base is developed, affirms and the Ministry of Defence of Russia with the notice (but not coordination changes!) Ministry of Defence of Belarus. Thus coordination procedure in the draft agreement is only mentioned, but is not registered. Theoretically, Belarus has possibility to block in principle finding of any arms in the territory the SLAVE. Equally this norm contains the bases for statement by Moscow of a question of placement in Belarus arms of any kind, including mass destruction, at any time and in any quantities.

All property, including the land lots, (Art. 5) are transferred российско to the party gratuitously. Their return is carried out «on an actual state taking into account natural wear». Russia undertakes to contain property "in proper condition". Concepts of «natural wear» and «an appropriate condition» are estimated categories. About any rekultivatsiya of the land lots, transferred the SLAVE, in the agreement of speech does not go.

It is obvious that it is problems of belarusky taxpayers. Authorized bodies of the Parties once in 5 years carry out joint inventory of the real and personal estate, transferred the SLAVE.

Art. 6 says that the organization of combat training, guard and internal services, an acquisition order the SLAVE staff, and also an order of providing with arms, military and special equipment and other appliances are regulated by the legislation of Russia. Combat training (doctrines) of military formations of base out of places of a dislocation and use of arms on ranges are carried out by plans of the Ministry of Defence of Russia in coordination with the Ministry of Defence of Belarus. Thus not clearly, whether coordination when using the ranges transferred to air base are required. Military formations of base take measures for ensuring own safety in a dislocation place according to the legislation of the Russian Federation. Speaking more simply, in dislocation places the SLAVE the Russian intelligence services are not connected in any way neither the Belarusian legislation, nor interests of our country.

At movement on the territory of Republic of Belarus military formations of the Russian aviation base have the right to the armed protection in the cases defined by the agreement.

Flights of SLAVES aircrafts in air space of Belarus are carried out according to legal acts of Republic of Belarus.

Order and granting conditions the SLAVE to aviation ranges of the Belarusian party on a gratuitous basis define the Ministry of Defence of the parties.

After carrying out firing practice (bombings, start-up of rockets) Belarusians should "tidy up" for Russians on the range. Attraction of staff the SLAVE is possible. However, the order of such attraction is not stipulated even in general.

Art. 7 of the draft agreement demands from the Russian side to coordinate with the Ministry of Defence of Belarus of moving of columns of vehicles in quantity from 5 and more units of military equipment, the arms, dangerous and digit cargoes.

Art. 10 of the draft agreement are allocated by the SLAVE with immunity from a civil and administrative jurisdiction of Belarus. The specified immunity does not extend on the cases connected with implementation of obligations, following of labor and гражданско – legal instruments (contracts) between the SLAVE and legal (physical) entities of Belarus. Real estate of the Russian air base inviolably. Immunities do not extend on the personnel the SLAVE and members of their families except for the cases stipulated in the agreement.

Representatives of authorities of Republic of Belarus have not the right to enter places of a dislocation of the Russian aviation base and on military facilities of the Russian Federation without a consent of the commander Russian the SLAVE or persons, it replacing. To receive a consent – it is necessary to send to the commander the SLAVE the preliminary application. Term during which the demand should be considered, is not stipulated by the draft agreement.

In exceptional cases, connected with direct threat of national security of Republic of Belarus, life and to health of the population of Republic of Belarus and safety of objects, access of competent authorities of Belarus to dislocation places the SLAVE is provided immediately with the commander of the Russian aviation base (Art. 15). Besides, reference of this or that case to the exclusive – the decision subjective. And the commander can have a SLAVE into this account opinion, distinct from opinion of the Belarusian party.

Vehicles and aircrafts of the Ministry of Defence of the Russian Federation, activity used for providing and functioning the SLAVE, use immunity from a search, requisition, arrest and other coercive measures, including secured character and executive actions (ч.3 Art. 10). That creates fine possibilities for smuggling to Belarus everything and everybody. Though this norm also does not deprive the Belarusian competent authorities of the right of survey of vehicles and aircrafts as criminal proceedings, including before initiation of legal proceedings (ч.2 Art. 173 of the Criminal Procedure Code of Belarus).

Art. 11: the military personnel the SLAVE carries and uses the weapon at fulfillment of duties of military service in a dislocation place according to the agreement and the legislation of the Russian Federation.

At fulfillment of duties of military service out of dislocation places the SLAVE according to the decision of the commander the SLAVE in coordination with competent authorities of Belarus can stand out the weapon with the right to its storage, carrying and application with a view of: reflections of the armed or group attack on the Russian military echelons, columns of cars and individual vehicles, guard if different ways and means it is impossible to protect them; suppressions of attempt of a violent taking by the weapon, military equipment and a personal estate the SLAVE if different ways and means it is impossible to protect them; protection of staff and members of families of persons from among staff the SLAVE from the attack menacing to their life or health if different ways and means to protect them it is impossible; detentions of the person who has made illegal actions and showing armed resistance, and also the armed person, refusing to fulfill legal requirements about weapon delivery if different ways and means to suppress resistance, to detain such person or to withdraw from it the weapon it is impossible; performance of fighting tasks in case of safety threat to the sovereignty and independence of Republic of Belarus. Besides, the concept «possible is impossible» especially estimated.

The military personnel of the Russian aviation base who is a part of guard, carrying out fighting tasks out of places of a dislocation of the Russian aviation base in the territory of Republic of Belarus, has the right to use the weapon. The prevention of intention it should precede a use of weapons to apply. Without the prevention the weapon can be applied at attack reflection with a use of weapons, military and special equipment, vehicles, aircraft, at escape from under protection with the weapon either on vehicles or from vehicles, at escape in the conditions of limited visibility, and also in case of direct threat of attack (physical impact) on staff of guard and objects protected by it when delay in a use of weapons creates direct danger to life of people or can cause other heavy consequences.

At emergence of threat of life and safety of staff and members of families of persons from among staff the SLAVE the serviceman the SLAVE in coordination with the Ministry of Defence of Belarus and other competent authorities of the Belarusian party can stand out the weapon with the right to its carrying, storage and application out of dislocation places the SLAVE in the territory of Republic of Belarus. Out of dislocation places the SLAVE the prevention of intention it should precede use of such weapon to apply. Without the prevention the weapon can be applied at sudden or armed attack, attack with use of military equipment, vehicles or aircraft. It is forbidden to use the weapon concerning women, persons with obvious signs of disability, minors when their age is obvious or known, except for cases of commission for the specified persons of the armed or group attack menacing to life of staff of air base and members of families of persons from among staff if different ways and means to prevent or reflect such attack it is impossible.

Military personnel of the Russian aviation base has the right to use the weapon for giving of an alarm signal or a help call. But cannot use the weapon for a stop of vehicles or neutralization of animals.

In case of a use of weapons and at its use the serviceman of the Russian aviation base is obliged to accept all possible security measures, and in case of need to render emergency medical service by the victim. The commander the SLAVE is obliged to notify immediately the Ministry of Defence of Belarus and competent authorities of our country on the facts of a use of weapons the military personnel the SLAVE both in its territory, and out of dislocation places.

The staff the SLAVE is free from the restrictions established for the Belarusian security officers it is forbidden to them to use the weapon and military equipment in the direction of a considerable congestion of people when extraneous individuals can suffer from it; in the direction of the warehouses (storages) containing inflammable, explosive, and also strong poisonous substances, and means of transportation of these substances.

Besides, the draft agreement is not mentioned at all any trial upon a use of weapons the military personnel by the SLAVE out of dislocation places (in a dislocation place this question is offered to be regulated the Russian legislation). It turns out that life of the Belarusian citizens equals costs of the Russian bullet and to transfer to it during trial of tеще and paper – excessive expenditure.

Art. 12 are released by the SLAVE from payment of taxes, collecting (duties) and other obligatory payments in the budget of Republic of Belarus and in off-budget funds if other is not provided by the agreement.

Staff the SLAVE and members of their families – aliens of Belarus, are released in Republic of Belarus from the taxation of a salary and other similar compensation, paid by the Russian side.

Art. 14: staff the SLAVE, and also members of their families, contractors – individuals and persons from among the personnel of contractors of the Russian aviation base, Republic of Belarus not being citizens, respects the sovereignty, observes the Constitution of Republic of Belarus and its legislation, does not interfere with internal affairs of Republic of Belarus. The Russian side takes necessary measures in this regard.

Daily activity of military facilities of the Russian Federation is carried out with observance of norms and the requirements established by the legislation of Republic of Belarus. The commander of the Russian aviation base takes all necessary measures for ensuring ecological safety and prevention of a damage which this activity can put to the population, real estate, natural resources, cultural and historical values of Republic of Belarus.

Art. 16: the parties on a mutual basis refuse presentation each other claims about responsibility and about compensation of a damage, behind an exception:

claims in connection with a damage caused to the Russian aviation base or staff the SLAVE, or to members of families of staff as a result of deliberate wrongful actions of legal entities or citizens of Republic of Belarus;

claims in connection with a damage caused by the Belarusian to the party as a result of deliberate wrongful actions by staff the SLAVE or members of families of staff.

I.e. the careless damage is not subject to compensation.

Item 2 of Art. 16 relieves from Russia responsibility for the harm caused by legal or individuals, real estate, natural resources, cultural and historical values of Belarus for staff actions the SLAVE, made at performance of tasks by it on reflection of external military aggression, counteraction to armed attack acts from terrorist formations in its territory, and also at implementation of measures for safety the SLAVE and performance of problems of combat training (doctrines) according to the coordinated Ministry of Defence of the parties plans. In fact, the right is fixed to the Russian military to act on principle «not – is not a pity». And again there are terrorist formations in the territory of Belarus. There is an impression that one (SLAVE) with a high share of probability assumes presence of another (terrorists in Belarus). The formulation of article allows to include in «measures for safety the SLAVE» vaguely wide range of actions during which it can be done physical and material harm. I.e. the Belarusian party is sharply limited to the draft agreement in the rights to protection of the interests and interests of the physical and legal entities from actions the SLAVE.

Art. 18 assigns to Belarus a duty on uninterrupted granting the SLAVE to the electric power, water and other types of household services according to the norms applied in Republic of Belarus on tariffs, established for Armed forces of Belarus. Energy carriers, the municipal and other types of service provided in premises, intended for staff accommodation the SLAVE, and also on objects of social culture and a life, are paid for the tariffs defined for Armed forces of Republic of Belarus.

Art. 22 establishes period of validity of the agreement in 15 years which automatically lasts for the subsequent 5-year periods if any of the parties not later than one year before the expiration of initial or any subsequent period of its action does not direct the written notification of the intention to stop its action. The agreement can be stopped ahead of schedule according to the mutual arrangement of the parties.

The social rights of the personnel of air base and members of their families in principle do not fall outside the limits available bilateral and multilateral within the CIS of contractual base:

– equal rights to labor activity (Art. 17);

– mutual recognition of documents and permissions (Art. 8);

– mutual recognition of the documents connected with the identity of the bearer (Art. 14);

– access to an education system at all levels (Art. 14)

– access to (Art. 18) health system.

Rather criminal prosecution of the personnel the SLAVE and members of their families existing rules which already extend on the personnel of the Russian military facilities in Gantsevichakh and Vileyka are applied. On cases of crimes and other offenses made in the territory of Republic of Belarus by persons, a part of military formations, or members of their families as the general rule, is applied the legislation of Republic of Belarus, its competent authorities operate. The exception is made by cases of crimes and other offenses made by the personnel the SLAVE and members of their families in places of a dislocation the SLAVE (except for cases of commission of all-criminal offenses against citizens of Republic of Belarus), or made against the Russian Federation or the persons which are a part of military formations of the Russian Federation and members of their families, and also on cases of military crimes.

Conclusions. The draft agreement on creation of the Russian air base in the territory of Belarus is not equitable to national interests of our country on the following bases:

– political, being that in the conditions of regional crisis of safety Belarus joins not simply one of the opposition parties, but to responsible for crisis that should entail adverse foreign policy effects;

– financial, being that Belarus provides to Russia in using property the rent on which makes hundreds millions dollars a year. Moreover, utility bills on objects of air base are carried out on the rates accepted for needs of national army. I.e. below cost. Thus, the Belarusian taxpayers incur expenses on ensuring functioning the SLAVE. Besides, staff release the SLAVE and members of their families from payment of taxes on the compensation paid by the Russian Federation by simultaneous gratuitous granting by him of services of social character means that expenses are assigned to belarusky taxpayers according to the maintenance of the Russian personnel of air base and members of their families;

– the draft agreement has discrimination character concerning the Belarusian language (Art. 6 item 4);

– the draft agreement provides to the Russian military personnel the right on a use of weapons in the volume which is obviously surpassing necessary and actually the SLAVE to the weapon deprives the Belarusian party of the right of trial on the facts of application by the military personnel;
– the draft agreement contains otsylochny positions in a part quantitative and the SLAVES fighting parameters which should be coordinated with the Belarusian party without the description of procedure of coordination that creates the soil for the conflicts;

– the draft agreement does not correspond to practice of regulation of the Russian military presence at Belarus consisting in determination of the maximum number of the military and civil personnel on objects. In the current look the agreement allows the Russian side to bring an attention to the question of increase in the military presence at Belarus without any restrictions on number and character;

– the draft agreement allocates the Russian air base with superfluous immunities that the SLAVE to illegal activity in the territory of Belarus creates conditions for the organization staff, members of families of staff and contractors;

– the draft agreement, depriving the Belarusian party of the rights to compensation of the harm caused under circumstances, provided items 2 of Art. 16, breaks a base principle of the interstate relations – equality of the parties;

– the draft agreement does not establish any restrictions for the intelligence services of Russia operating in structure the SLAVE, on the purposes and problems of such activity.

In case of signing of the presented draft agreement the status of the dependent state is fixed to Belarus in relation to Russia, writes