The process of forming an independent state or gaining a given state by it is inextricably linked with the establishment of its territorial borders. They are especially protected in any country, since it is thanks to the borders that the independence and integrity of the unit is ensured.
So, we will consider how the process of establishing the state border, the state border regime, and also what legal features this concept has are going on.
General concept
Speaking about the concept of state border, it should be understood what it means by itself. When considering it, it is necessary to consider in what aspect it is considered.
If we consider the concept of border from the point of view of simple colloquial speech, then it represents the line on which the actual marks are set, indicating the end of the territory of one state and the beginning of another. This concept can also be characterized as a definition given by the actual criterion.
If we consider it from the point of view of jurisprudence, then the territory recognized in international treaties concluded between neighboring countries is recognized as a state border. They say that the border of the Russian Federation is directly identical to those that the state determined after the collapse of the USSR.
With regard to this concept, characterized from a technical point of view, the boundary is a line marked on the ground. It has a specific arrangement and a special security regime.
Setting the border
With regard to the establishment of the state border and the state border regime, these actions are carried out exclusively after coordination of all issues with neighboring countries, which is carried out on the world stage, in accordance with international law. The coordinates of all actual boundaries laid down on the ground should clearly correspond to those defined in the agreements.
In place, the boundary line should be defined by visible signs and objects. The definition of the boundary can also take place according to the pronounced landmarks available on the land surface. In the event that the border passes through water, then, on the basis of international law, it should be drawn along the fairway of a major navigable river or along the outer border of the sea.
Border functions
Speaking about the state border regime, its main functions must be defined. For the most part, they are to ensure the security of the state and its integrity. In addition, it should also be noted that this concept serves as a kind of advanced line for maintaining contacts with other states, and also contributes to the long-term and high-quality maintenance of good neighborly relations between them.
Legislative regulation
The concept and regime of the state border of the Russian Federation in its proper form and in full are enshrined in the content of the Law "On the State Border of the Russian Federation", which was adopted in 1993. It is in it that he proposes a legal interpretation of the concept of a border, its regime, as well as the procedure for its establishment and amendment. In addition, the normative act strictly regulates the procedures for admitting persons and vehicles, transporting goods through certain points located on the demarcation line. Particular attention in the content of this Law is given to what rights and obligations, as well as guarantees, have employees of border services, military units located in border areas, as well as how local governments and other organizations can take part in protecting the state border.
The concept of the border and its regime is also defined in the text of the Constitution of the Russian Federation. Issues related to them are also considered in the texts of the Tax and Customs Codes operating within the state.
The concept of state border regime
This concept is presented in some detail in the text of the Law "On the State Border" in the third section. It says that the regime is a set of certain rules that must be followed in the process of crossing the border. In addition, the legal regime of the state border also provides for not only the procedure for crossing it by people, but also the transport of baggage and animals.
The concept of the regime includes the features of protecting the demarcation line from outside interference, as well as the procedure for carrying out agricultural activities or any other near the demarcation line.
Administrative and legal regime of the state border
The concept of administrative-legal regime provides for a rather complicated interpretation. It includes several individual spectra that make up it. First of all, this includes the norms defined by the constitutional law that govern the legal regime for border protection, as well as all the legal tools with which the prescribed norms are implemented in real life. This also includes international legal norms that apply to the protection of the territorial, water and air borders of the country and, in addition to all this, a separate financial support mechanism that allows the mechanisms of this type of state border regime to function in proper form.
All measures that are taken within the framework of this type of regime are aimed at ensuring not only the integrity, but also the inviolability and reliability of protecting the state’s border, as well as the territories adjacent to it.
This mode provides for a combination of three components, in the process of implementation of which all the goals are achieved. These include: passport control, the regime of admission exclusively through special points within the state border, as well as the general border regime.
Border guard
As you know, ensuring the state border regime is carried out by specialized bodies that are part of military entities designed to monitor the security of the state. It should be noted that the protection of the territorial borders of the Russian Federation is a very important task, the solution of which must be approached with a large share of responsibility, which can be observed at the present time, because this is the way in which not only the country's actual integrity is protected, but also its economic social, as well as some other interests.
Practice shows that the effectiveness of the state border protection regime directly depends on how skillfully responsible persons use both legal, social and economic tools. In addition, the reliability of fixing the established security regime, as well as the availability of material assets necessary for the implementation of all the planned programs, plays a significant role. To ensure a reliable state border protection regime, specialized bodies should be created on the basis of the state, whose employees are required to regularly undergo special training. All these services must necessarily be in close contact with each other, as well as with individual municipal services.
The legal regime of the state border provides several options for its protection. In particular, one of them is political. It provides for the pursuit of a common goal, consisting in the lack of probability of crossing the demarcation line by persons who are in danger to the country. As for economic protection, it consists in actions related to the prevention of illegal movement across the border of those items that are cultural heritage, values, as well as protection against the importation of viruses and deadly infections into the country.
As for the structure of the state border regime of the Russian Federation, its components are several elements: protection of the territorial boundary, border regime, rules for passing through the demarcation line, as well as features of the authority of representatives of bodies that serve in the border zone.
Powers of the border authorities
The state border regime and border regime provides for certain special powers for those who are directly involved in the protection of the territorial, water and air space allotted to the borders of the Russian Federation. It should be noted that all these powers are reflected in the content of the Law "On the State Border of the Russian Federation" and are divided into various cases of crossing the demarcation line, depending on its location: on land, in air or on water.
So, the border troops, which carry out their activities to protect the airspace of the state, have a certain number of powers in the field of suppressing flights of ships over certain territories, as well as permits for emergency landing of ships in certain areas located near the demarcation line. In the event that a foreign ship mistakenly crossed the border of the Russian Federation as a result of force majeure, the border troops have all the powers to assist them in this situation and return to the neighboring country.
Representatives of these services have every right to use special equipment that helps to identify objects approaching the border, prohibit or limit the degree of frequency of flights in certain regions, and also use military equipment if necessary and justified by circumstances.
Part of the territorial border of the Russian Federation also lies in the water sector. Here, too, state security is monitored by border services. Their powers in this environment consist in anti-submarine and anti-submarine-sabotage defense. In the event that representatives of the authorities find suspicious objects in the water area near the border, they are obliged to take all measures that are necessary in order to eliminate a possible danger. Representatives of the department also have the right to use military weapons in this environment.
As for the powers of people who conduct their activities on land, they are completely similar to those of people whose work to protect the state border and the legal regime of the country is carried out in air or on water.
Use of weapons
In cases where the country's security is in real danger, representatives of the border services are required to use military weapons. However, these actions must be carried out in strict accordance with international treaties, as well as with military regulations that currently operate on the territory of the Russian Federation.
So, in accordance with the established rules, before using military weapons, the border troops must issue a clear warning about the illegal crossing of the border of a dangerous facility, and also that if the country’s territory is not abandoned, the troops intend to use military equipment. In the event that obedience and voluntary leaving the borders did not follow, the troops are obliged to use weapons. It should be noted that it is strictly forbidden to apply to passenger vehicles.
Military personnel can also neutralize with the help of weapons animals that pose a clear danger to the population living in border regions.
Without any warning, equipment can be used in the event that there is a threat of an undisguised military invasion of the territory of the Russian Federation.
Rules of the regime
In order for all the norms of the legislation to be implemented properly, it is necessary to establish certain rules that will contribute to this. Any activity in relation to the country's border is no exception. It should be noted that the state border regime and the border regime provide for requirements that all must fulfill, and strictly. They are spelled out in Russian legislation and provide for a number of specific actions that are aimed at maintaining the actual line of demarcation, ensuring its normal condition, as well as signs that are special marks established within it.
Special attention is paid in the rules to how the border crossing should take place both by individuals and vehicles. As for its crossing by water, these rules should be established by agreement and conclusion of an agreement with each neighboring state separately. Similar acts may also indicate the peculiarities of the order from the border line to the point where the crossing time is skipped, etc. As for aircraft, in accordance with the rules currently in force, they can cross the air borders of Russia and continue to move along the air corridor allocated to them, leading deep into the territory of the state.
The rules also establish the regime at the checkpoints across the state border of both individuals and animals, as well as travel on vehicles. They also prescribed control, which is carried out in the process of crossing the demarcation line through a special point (sanitary, customs or border).
The rules also prescribe that any activity that is carried out in the border zone should in no way create any interference with the implementation of the basic functions of the border, as well as maintaining the demarcation line in good condition.
Of course, in the area of the state border very often there are some minor conflicts, as well as incidents. The rules of the state border regime also prescribe the procedure for their resolution and cases when employees have the right to use weapons.
About violations
The border regime also provides certain rules regarding violators. So, people who illegally entered the country, deliberately violating the protection of the state border of the Russian Federation, are called criminals. They must immediately be held accountable, which can be expressed both in the form of material recovery and in the form of detention. This rule applies to both stateless persons and those who are citizens of another state who are illegally located in the territorial borders of Russia. In the event that these persons do not take the opportunity to obtain political asylum, and also there are not enough grounds for holding them accountable, they must be transferred to the authorities of their native state. This procedure should be carried out in the prescribed manner, which is prescribed by international law.
If a person, having entered the territory of Russia, has lost documents proving his right to enter the country during the period when he was in the state, in this case it is necessary to carry out the identification procedure. It is produced in specialized services and exclusively by competent authorities. These persons are required to establish the identity of the person, as well as determine the circumstances in which documents were lost.
Sometimes it turns out that questions arise regarding the alleged violators of the border regime, which are not so easy to resolve through standard procedures. In this case, it is necessary to use diplomatic channels with the state of which the person is a citizen.
Border content
In Russia, special attention is paid to issues related to the content of the demarcation line. The state border regime includes this element, since it depends on it how long all signs will be in good condition, as well as limiters that indicate the line. The procedure for maintaining the border also provides for the allocation of individual funds for the purchase of transport and technical equipment necessary for border protection.
The government regularly reviews the extent to which the dividing line is in good condition. , , .
Crossing the border
, , . , , , . . , .
, , . , , , , . , , , , , .
, , , . , , .
, , . , .
. , - , . , , (, . .).
, , , .
, . , .
, , .
, , , . , , , . , , - , .
, , , . .
, , , . , , .