
On June 30, after 4 months and 1 week after the start of a “special military operation”, the government introduced the bill “On Amending Certain Legislative Acts of the Russian Federation on the Easterces of the Armed Forces ... during counter -terrorism and other operations outside the territory of the Russian Federation”.
Formally, we are talking about the addition of the Law “On Defense” dated May 31, 1996 No. 61-ФЗ Article 26-1, which will allow the government to “make decisions on the introduction of special measures in the field of economics”, as well as to bring legislation in the field of public procurement and state defense systems in line with this new prerogative. The grounds for announcements at enterprises engaged in the execution of such orders are also introduced in the form of overtime work.
From a number of bills introduced and adopted in the Duma recently, this stands out by the fact that an attempt is heard in it to call a spade a spade.
It can be considered even as a recognition that the plan of the short -term “special operation” has suffered a failure and that even the government could not be pronounced, from its point of view, to last a long time. This is not about the next measures of tightening repression for anti -war statements, but about the economy, where objective laws act, and not arbitrarily composed in the Duma.
The government thinks soberly, but its actions are also limited by "what cannot be called." It would be legally accurate not to amend the law “On Defense”, adopted when Russia was still entering the Council of Europe and was ready to cooperate with NATO, and use the mechanisms that are provided for in the current Federal Constitutional Law of January 30, 2002 No. 1-FKZ “On Military Protection”.
Article 1 of this law has an indication that "during the period of martial law ... may to the extent that it is necessary ... the rights and freedoms of citizens ... (and) the activities of organizations, regardless of organizational and legal forms and forms of ownership." In particular, by decision of the government, “measures to organize the production of products (work, the provision of services) for ... ensuring the Armed Forces of the Russian Federation ...”, as well as measures “related to the introduction of temporary restrictions on economic and financial activities ...”. The “regime of labor activity is also temporarily changed and the features of financial, tax, customs and banking regulation are established.” This is about this in the project, but about martial law - not a half -word.
According to the Kremlin’s assurances, the decision to enter the troops into Ukraine was dictated by the threat of NATO, allegedly pushing it to aggression against the Russian Federation-such a basis for introduction by decree of the president of martial law is enshrined in the FKZ dated 01.30.2002. But the problem is that the Kremlin is not solved to introduce de jure.
The President again shifts responsibility for the restrictions introduced - now to the government, just as during the Pandemia, he, avoiding the introduction of a state of emergency, shifted it to the heads of the regions.
You will have to pay for the “special operation” - and the further, the more. The government needs to somehow make previously not provided for payments, and on the other hand, look for sources for them, saving on everything, including now on defense orders. By introducing this hybrid project to the Duma, Mishustin prepares a circular defense: both from “business entities”, for which the orders imposed on him may be unprofitable or difficult to fulfill, and from “attacks from above”.
In the past peacetime, the state order, as well as the state order as a whole, was the feeding trough where the “businessmen” close to the authorities and the Ministry of Defense put on whole conditions. From now on, the appetites will have to moderate, which Mikhail Mishustin warns about. In the infamous Law No. 44-ФЗ dated April 5, 2013 “On the contract system in the field of procurement of goods, works, services to ensure state and municipal needs”, in case of defense orders, it is proposed to make a special clarification: “It is allowed to change the price of the contract, taking into account the provisions of budget legislation and within the limits of the main indicators”. But “allowed” is not an “automatic”.
“To whom the war and to whom the mother is relative,” will now be even more rigidly determined by the government - taking into account the legislation, and probably personal connections. And what consequences will entail the return of administrative-command methods for the economy as a whole, this could tell, for example, Vladimir Mau-but he will now testify in a criminal case. Economics management is more and more close to the "security forces".