The current state and trends in the development of the legal foundations of international military cooperation between the Russian Federation and foreign states

Naumova Tat'yana YUr'evna ORCID: 0000-0001-5767-0820 Postgraduate student; Department of International Law; FGNIU 'Institute of Legislation and Comparative Law under the Government of the Russian Federation' 34 Bolshaya Cheremushkinskaya str., Moscow, 117218, Russia t.popova.d@mail.ru Other publications by this author

Introduction

In modern conditions, the topic of planning, organizing and implementing international cooperation, especially within the framework of new interstate unions (for example, BRICS), is becoming especially important and relevant ^[14]. The conflict transformation of the world order and the constant changes in positions in the modern legal order make it necessary for the state to maintain friendly relations with other countries, which will be based on the principles of mutual respect and mutual assistance ^[37]. At the same time, today we can observe the expansion of zones of armed confrontation, the increase in armed conflicts in different regions of the world. There are also regular attempts to involve our country in these conflicts, which reflects the obvious need to ensure Russia's defense and security, including through the organization of international military cooperation.

As A.V. Vdovin aptly notes, the current military-political situation in the world, formed in the context of geostrategic restructuring and the formation of a new global security system, reflects the increasing chaotic nature of international relations and the stagnation of globalization ^[10]. The events taking place on the territory of Ukraine, Syria, Israel, and Taiwan indicate an attempt by a number of countries to take efforts to destabilize the global situation and disintegrate the processes of Russia's interaction with the international community ^[32].

The modern world order and the international legal order are characterized by an unstable state, which is determined by a number of reasons. There is a reassessment of the values of the multipolar world under the influence of the collective West towards the formation of a unipolar world, which is associated with a decrease in the role of international organizations in world politics, the introduction of unprecedented sanctions against the Russian Federation, the desire of the United States to use the norms of international law for its own purposes or ignore them.

Sanctions, economic, informational and ideological pressure on the Russian Federation is increasing. There is an attempt to "stretch" the country's forces and bring it out of balance. In this regard, it is of particular importance to build strong ties between our country and foreign countries within the framework of international military cooperation and to organize appropriate legal support for such cooperation.

At the present stage, with the existing shortcomings of legal systems in general and international law in particular, it is necessary to strive for the establishment of the rule of law at the national and international levels and the maintenance of international cooperation.

The international military cooperation of the Russian Federation in the conditions of the modern world order is, first of all, international military–technical cooperation, military cooperation in the field of military education and the most relevant joint military activities with a number of states and their armed forces and the fight against common global threats such as the threat of NATO's advance to the East, terrorism extremism and aggressive forms of nationalism. International military cooperation between States is always aimed at improving the level of national security and achieving common security goals of cooperating States.

Materials and methods

The object of the study is the international legal framework of international military cooperation of the Russian Federation. The subject of the work is the knowledge of the current state and trends in the development of the legal foundations of international military cooperation between the Russian Federation and foreign states. The purpose of the article is to study the legal foundations of international military cooperation of the Russian Federation with foreign states in the domestic circuit.

To conduct the research and comprehensively disclose its subject, the article uses systematic and integrated approaches, comparative legal and doctrinal principles of research, as well as current developments in the field of modern theory of military activity of the state ^{[19; 22]}.

The main part

The main types of international military cooperation are: military-political cooperation aimed at maintaining international stability and universal peace, military-technical cooperation aimed at exporting and importing military products, ensuring their sustainable functioning, as well as military-economic, military-educational and military-scientific cooperation, participation in peacekeeping operations, cooperation in the field of military medicine and the fight against diseases that pose a danger to others ^[20].

In the development and implementation of state policy in the field of international military cooperation, an important role is played by the subjects of the development and implementation of the state policy of the Russian Federation in the field of international military cooperation. These subjects are: the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the Security Council of the Russian Federation, the Ministry of Defense of the Russian Federation (and its structural unit – the Main Directorate of International Military Cooperation, which is responsible for the execution of international treaties of the Ministry of Defense of the Russian Federation, the implementation of military and military-technical cooperation with NATO countries, by the CIS states, the CSTO and other states and countries), the Ministry of Foreign Affairs of the Russian Federation, the Federal Service for Military-Technical Cooperation and others.

The basis of international military cooperation of the Russian Federation with foreign countries is the legal framework that makes up international, interstate and domestic legal acts, such as the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation in the field of defense, arms control and disarmament, federal constitutional laws, federal laws, decrees and orders The President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, Regulations on the Security Council of the Russian Federation and others.

The general legal bases for planning, organizing, implementing and controlling the performance of functions in the field of international military cooperation are: The Constitution of the Russian Federation, Federal constitutional law of 06.11.2020 No. 4-FKZ "On the Government the Russian Federation" (article 18, and 25), Federal constitutional law of 30.01.2002 No. 1-FKZ "On martial law" (article 22), the Federal law of 19.07.1998 № 114-FZ "On military-technical cooperation of the Russian Federation with foreign States", Federal law of 31.05.1996 No. 61-FZ "On defense" (articles 2 and 6), the Federal law of 10.01.1996 No. 5-FZ "On foreign intelligence" (article 15), Federal law of 03.07.2016 n 226-FZ "About the army national guard of the Russian Federation" (article 25 part 7), the Federal law of 03.04.1995 No. 40-FZ "On the Federal security service" (article 9, 11.1, 12, 13, 15), Federal law of July 15, 1995 № 101-FZ "On international treaties of the Russian Federation", the Law of the Russian Federation 21.07.1993 № 5485-1 "On state secrets" (articles 4, 13 and 18), The decree of the President of the Russian Federation dated 06.04.2004 No. 490 "On approval of the Regulations on the administration of the President of the Russian Federation" (items 5, 6, 8), the decree of the President of the Russian Federation of 11.05.2024 № 326 "On the structure of the Federal bodies of Executive power" by the Decree of the President of the Russian Federation dated 08.11.2011 No. 1478 "On the coordinating role of the Ministry of foreign Affairs of the Russian Federation in the conduct of the common foreign policy of the Russian Federation", the decree of the President of the Russian Federation dated 16.08.2004 № 1082 "Questions of the Ministry of defense of the Russian Federation", The decree of the President of the Russian Federation of 11.07.2004 No. 868 "Questions of the Ministry of the Russian Federation for civil defence, emergencies and elimination of consequences of natural disasters", the decree of the President of the Russian Federation dated 16.08.2004 № 1085 "Issues of the Federal service for technical and export control," the decree of the President of the Russian Federation of 10.09.2005 No. 1062 "Issues of military-technical cooperation of the Russian Federation with foreign States" by the Decree of the President of the Russian Federation dated 16.08.2004 No. 1083 "Issues of the Federal service for military-technical cooperation", The decree of the President of the Russian Federation dated 30.09.2016 № 510 "On the Federal service of national guard troops of the Russian Federation", the resolution of the Government of the Russian Federation dated 29.10.2015 № 1164 "On the provision by the Ministry of defence of the Russian Federation of services for the preparation and training of military and military-technical personnel of foreign countries" and the departmental normative legal acts.

Explanatory information, which addresses issues of legal support for international military cooperation, is contained in Resolution No. 5 of the Plenum of the Supreme Court of the Russian Federation dated 10.10.2003 "On the Application by Courts of General Jurisdiction of Generally Recognized Principles and Norms of International Law and International Treaties of the Russian Federation" and Resolution No. 24 of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2019 "On the Application of Norms of international law private law by the courts of the Russian Federation".

The problems of organizing and regulating international military cooperation and international relations in the field of the exchange of military technologies, intelligence and counterintelligence information, information necessary in the fight against terrorism and transnational crime in the context of the formation of challenges and threats to civilized humanity have been the subject and object of special historical, legal, public law and international legal research by the following authors: Sh.P. Amonuloev ^{[1; 2; 34]}, V.A. Batyr ^{[4; 5]}, A.N. Vylegzhanin ^[13], K.V. Zhdanov ^{[15; 16]}, R.A. Kalamkarian ^{[6; 18]}, A.V. Kudashkin ^[22], V.V. Kudashkin ^{[23; 30]}, I.V. Kholikov ^{[29; 33; 35-37]} and other researchers ^{[8; 9; 17; 21; 26; 27; 31; 38; 39; 41]}.

These scientific papers present the essential constructs, subject, components and functions of international military cooperation in the structure of state-building international relations, however, the main bias in them is towards analytical and synthetic knowledge of military-technical cooperation as the main component of international military cooperation. Without detracting from the importance and importance of military-technical cooperation for national defense and state security, we note that other areas of international military cooperation should not remain latent, they need to be stimulated and develop organizational, political, legal and ideological solutions for their development. Thus, in this work, the international military cooperation of the Russian Federation with foreign states is understood comprehensively, in the interaction of all its types, forms, components and objective trends of functioning.

On March 31, 2023, Decree of the President of Russia No. 229 "On Approval of the Concept of Foreign Policy of the Russian Federation" was published, which defined the priority directions, goals and objectives of the foreign policy activities of the Russian Federation. This Decree of the President of the Russian Federation defines that one of the key areas of the Russian Federation's foreign policy activities are: protection of the constitutional order, sovereignty, independence, state and territorial integrity of the Russian Federation from destructive foreign influence and maintenance of strategic stability, strengthening international peace and security. In this regard, the importance of the strategic military cooperation of the Russian Federation with foreign countries is being updated. The above-mentioned Decree also noted that in order to strengthen regional security and, in particular, the settlement of internal armed conflicts (primarily in the territories located in the immediate vicinity of States) The Russian Federation intends to give priority attention to the development of military, military-political and military-technical cooperation with allies and partners ^[25].

We also emphasize the acute importance of developing modern, scientifically sound approaches to the theory and methodology of the state policy of the Russian Federation in the field of international military cooperation. The search for modern ways and mechanisms of international military cooperation in the context of a special military operation and the aggravation of the tense situation in the world and in the interaction of the Russian Federation with many countries of Europe and North America, in connection with their direct military assistance to Ukraine, the enemy state of the Russian Federation, is becoming a key direction of the state policy of the Russian Federation in the field of international military cooperation in any of its manifestations.

It is worth noting that the Russian Federation has intensified work in the field of foreign policy on the exchange of experience in the construction of the armed forces, the management of troops and scientific events on national and international security issues, the purpose of which is to search and develop common approaches to these issues. The development of international cooperation of any state is impossible without the formation and development of common views on world problems and global threats ^[24]. It is the joint measures taken by States in the field of foreign policy and combating common threats that become key factors for the success of such a struggle.

One of the most important areas of international military cooperation of the Russian Federation is cooperation in the field of military education ^[11]. Military education and military science, which are closely intertwined, are the spiritual and intellectual base of military power and military potential of any country.

For many decades, the Russian Federation has been actively promoting the development of cooperation between Russian and foreign educational institutions, including in the military educational sphere ^[12]. This provision is reflected in the Federal Law "On Education in the Russian Federation" and serves as a key priority for the development of the state policy of the Russian Federation.

Another important document in the field of military education in the Russian Federation and international cooperation with foreign partner states in this area is Federal Law No. 45-FZ dated 08.04.2008 "On Ratification of the Agreement on Military Personnel Training for the Member States of the Collective Security Treaty Organization."

The main idea and key goal of concluding this Agreement between the parties is the formation and development of a unified system of military personnel training for the armed forces, other troops and military formations of the CSTO member states. As A.V. Vdovin rightly notes in his writings, "the priority tasks of their implementation against the background of the modern military-political situation are the deepening of cooperation with the CIS and CSTO member states" ^[10].

International and interstate agreements concluded by the Russian Federation in the field of international military cooperation, as a rule, contain provisions on the organization of work in the field of military education. This trend clearly demonstrates the importance and significance of military cooperation in this area. It is necessary to expand the practice of sharing experience in the education and training of military personnel with other countries.

In addition, the regulatory framework in the field of international military cooperation of the Russian Federation in the field of military education consists of: the above-mentioned normative legal acts, Federal Law No. 114-FZ dated 07/19/1998 "On Military-Technical Cooperation of the Russian Federation with foreign States", "Military Doctrine of the Russian Federation" (approved by the President of the Russian Federation on 12/25/2014 Pr-2976), which, in particular, states that one of the main tasks and priorities of the development of the military organization is to ensure military-political and military-technical cooperation of the Russian Federation with foreign states and improve the quality of personnel training and military education, as well as building up military scientific potential; decree of the Government of the Russian Federation of 29.10.2015 No. 1164 "On the provision by the Ministry of Defense of the Russian Federation of services for the training and training of military and military-technical personnel of foreign states"; Order of the Minister of Defense of the Russian Federation dated 30.06.2020 No. 275 "On the establishment of qualification requirements for officials of the military automobile Inspection of the Armed Forces of the Russian Federation admitted to the inspection of vehicles, self-propelled vehicles, military, special and other types of equipment or experimental (test) samples of weapons, military and special equipment, including those related to military products in accordance with the legislation of the Russian Federation on military-technical cooperation with foreign states" and others.

The international military-technical cooperation of the Russian Federation with foreign countries is of particular importance in the present era. Thus, V.V. Kudashkin notes that "Against the background of a decrease in the effectiveness of the application, and often ignoring the norms of international law, new threats to Russian statehood, sovereignty and national security are being formed" ^[30]. In these conditions, the sphere of military-technical cooperation acquires new dynamics and relevance.

In accordance with the Federal Law "On Military-Technical Cooperation of the Russian Federation with Foreign States", military-technical cooperation is an activity in the field of international relations related to the export and import, including the supply or purchase, of military or dual-use products, as well as the development and production of military products.

Military-technical cooperation with foreign states for the Russian Federation has been and remains one of the main priorities of the military-technical policy of the state ^[3].

In addition to the above-mentioned Federal Law, the most important legal document in this area is Decree of the President of the Russian Federation No. 249 dated 04/26/2021 "On certain issues of military-technical cooperation of the Russian Federation with foreign States", as well as Decree of the President of the Russian Federation No. 350 dated 06/20/2018 "On approval of the composition of the Commission on Military-Technical Cooperation of the Russian Federation with Foreign States states". The issues of military-technical cooperation in our country are directly dealt with by the Federal Service for Military-Technical Cooperation (FSVTS of Russia).

The study and generalization of the fundamentals of legal regulation in the field of military-technical cooperation shows that in this area, exclusive state competence has been established in determining all aspects of such cooperation ^[30].

The main task and strategic function of the military-technical cooperation of the Russian Federation at the international level is to maintain stability, strengthen security and peace. Indeed, in the current conditions, against the background of the Russian Federation conducting a special military operation, carrying out measures to combat terrorism and extremism, the primary goal of Russian state and socio-political institutions is to strengthen the country's position in the military sphere as one of the influential centers of the modern world ^[7].

An assessment of the current international and socio-political situation makes it possible to identify a number of problems characteristic of the organization of military-technical cooperation between the Russian Federation and foreign states. Such problems include: the need to resist the sanctions impact on the Russian Federation from the collective West; the need to expand the country's export potential in the supply of weapons and military equipment; the organization of import substitution, including military-technical products; problems of development and production of weapons; problems of joint development of weapons with foreign partner states; problems of creating optimal legal and economic conditions for the development of military-technical cooperation at the international level; the importance of maintaining, restoring and maintaining partnerships with foreign countries in the field of activity under study.

In modern conditions, the relevant ways to overcome the above problems are seen as: expanding the geography of military-technical cooperation, eliminating organizational and legal obstacles and delays in building export and import chains; improving the regulatory framework and law enforcement practice in this aspect; ensuring legality in spending money, fighting corruption and waste in the implementation of the state defense order; building relations within the framework of new interstate associations (unions); using international legal mechanisms to counter illegal sanctions pressure.

The arms trade at the present stage is the most important activity of any state at the international level, which provides the state with leadership in the field of military-technical cooperation and high technologies. The Russian Federation has signed agreements in the field of military-technical cooperation with many States. The traditional partner countries of the Russian Federation in this field are India, the Republic of Belarus, Venezuela, Cuba, Colombia, Algeria and other countries. However, existing aspects at the international level hinder the development of military-technical cooperation between the Russian Federation and foreign countries. These include: retarding measures for this cooperation by the Russian Federation with Latin American countries, undertaken by the United States, the introduction of economic and political sanctions in order to increase the share of its weapons in the countries of this region; China's leading position in the field of military-technical cooperation with African countries, complicating the interaction of the Russian Federation in this area with African countries, tightening competition in the global arms market.

In order to develop international military-technical cooperation between the Russian Federation and foreign countries, our country hosts exhibitions and forums of weapons, for example, Army 2025, which was attended by more than 1,500 representatives of different countries and international organizations. The growth in the development of military-technical cooperation between the Russian Federation and foreign countries is increasing within the framework of already well-known international and interstate associations (CIS, CSTO, SCO, ASEAN) and actively developing interstate associations (BRICS). Current trends in the development of military-technical cooperation with the Republic of Belarus. These trends determine the development of international military-technical cooperation between the Russian Federation and foreign countries at the present stage and in the near future.

Conclusion

Thus, consideration of the current state and trends in the development of international military cooperation is an urgent area of scientific research in the economic, political, information and psychological, international legal, military legal and technical aspects. The international military cooperation of the Russian Federation is aimed at ensuring stability and security in various regions of the world, increasing the level of national security and achieving common goals in the field of security of allies and strategic partners. Building effective and mutually beneficial cooperation with partner countries in the field of international military cooperation to ensure security, military education, and military-technical cooperation is becoming an important tool for strategic national security of the Russian Federation. Improving the methods of interaction and increasing the effectiveness of joint interstate measures in the field of international military cooperation together with strategic partners will strengthen the defense capability and security of all interacting subjects of international relations. The most important legal form of such interaction may be the development of joint documents regulating the counteraction to illegal unilateral sanctions ^{[28; 40]} imposed without the permission of the UN Security Council in relation to the construction of areas of international military cooperation.