10 years ago, on March 6, the federal law "On Countering Terrorism" was adopted, which strengthened the legal and organizational framework for the fight against the plague of the 21st century. How was this document born? What preceded him? How to block the path of the militants banned in Russia IG to the North Caucasus? The President of the Club of Military Commanders of the Russian Federation, General of the Army, Doctor of Economic Sciences Anatoly Kulikov answered the questions of the Military Industrial Complex.
- Anatoly Sergeyevich, you had a direct connection to the development of a law against terrorism. What was the problem?
- In the new Russia, we are faced with such a formidable phenomenon as separatism. Having received the first rebuff in the North Caucasus, the separatists adopted terrorist forms of struggle, which international emissaries immediately used. The Afghan experience and an extensive network of training bases for militants in Pakistan and Afghanistan were involved. The sending of so-called rebels to the North Caucasus, to other regions of the country, including through the Pankisi Gorge in Georgia, began.
At that time, we actually had no experience in fighting the plague of the XX – XXI centuries. The very first law was passed, but we fought terrorism, as they say, after the fact. The attack happened - a headquarters was created, its head was determined (from the Ministry of Internal Affairs or the Federal Security Service). Calculations were provided for in the security structures in case of emergency, but there was no detail, no one knew who would be in charge of what, etc. This went on for a long time, until the seizure of the Swedish embassy in Moscow and the killing of one of our employees. That case showed that manpower and resources are not enough, we are poorly prepared. A terrorist attack in Beslan in September 2004, finally forced the political leadership and security officials to come to the conclusion: we do not have an effective system to counter terrorism.
- How did we even find ourselves in a similar situation? Understanding this is very important in order not to step on the same rake.
- The fact is that the social, political and economic consequences of the collapse of the USSR have created many negative phenomena. The most tragic of them are rampant criminality and banditry, separatist manifestations in national formations (warmed up and even encouraged by the well-known expression: “Take sovereignty as much as you can swallow”), massive “cleansing” of the Russian-speaking population in a number of North Caucasian republics, kidnapping, embezzling money funds with fake advices. The prospects for Russian statehood were not entirely clear, dormant antagonisms, instantly supported by foreign extremist forces, revived within civil society. With the onset of the constitutional crisis and the military conflict in Chechnya, Russian citizens experienced prolonged horror from unprecedented terrorist attacks with the seizure of large groups of hostages (2000 in Budyonnovsk hospitals, more than 3000 in Kizlyar), from apartment buildings in Moscow, Buynaksk, Kaspiysk, Volgodonsk and You can also recall the attacks on government bodies and law enforcement, the terrorist attacks in the Moscow metro and theatrical center on Dubrovka, the bombings of passenger trains and airplanes. All this put on the agenda the question of the need for legislative regulation of countering terrorism, which has become a daily reality.
The damage carried by the attacks is measured in huge sums. But human losses cannot be assessed. So, as a result of only well-known terrorist attacks committed in the Russian Federation, 3005 people died, injured - 6394. The accuracy of these figures is very relative, because no one is tracking the fate of those injured by injuries and injuries. Consequently, the death toll is much greater than it is called in the first days after the terrorist attacks. Moreover, these statistics do not include combat losses of the personnel of the Armed Forces, internal troops and law enforcement agencies during the counter-terrorist operation (CTO). And these are still thousands of ragged young lives.
I repeat: in the 90-ies in the country there was no anti-terrorism legislation. Up to January 1, the Criminal Code of the RSFSR was in effect in 1997, inheriting from its former life. Judicial legal culture and power (political, economic) were built on a new foundation of the still not established statehood.
- You went through the Chechen war, saw the suffering of people. And how was all this perceived in the silence of the Moscow authorities?
- I was already the deputy chairman of the State Duma Security Committee, and we have long suggested that we develop a law on countering terrorism. Not about the fight against him, but about opposition, because this concept is much broader. I was assigned to lead a working group to prepare a new law. A variety of opinions were expressed on the formulations of the conceptual apparatus: in the world, more than 100 definitions of a terrorist act were given. But life has shown that preventive actions, that is, a system of measures aimed at preventing crimes, must be at the heart of the fight against terrorism.
The first step in this direction was adopted in 1998, the federal law "On Combating Terrorism", which determined the basic principles of work, the competence of public authorities. Without diminishing his role (at a certain stage, he fulfilled his purpose), I will say that over time, and the shortcomings emerged. First of all, he was directed to a terrorist plan that is being implemented or has already been implemented, and the powers to curb it were assigned only to security forces, which acted separately, without proper coordination.
This circumstance indicated the direction in which the legislation should be improved: to create an integral system of preventive measures, to organize the management of this activity, to clearly define the competence and responsibility of public authorities and officials at the federal level, in the subject, on the ground, as well as restrictions on civil rights in an emergency.
The development of the bill took place in hot debates. Many positions required mental changes, encroached on the inviolability of established institutions. Some people considered unacceptable the involvement of the Armed Forces in the fight against terrorist groups on the territory of the Russian Federation and abroad. It was difficult to perceive the position of unity of command in the decision-making and leadership of the KTO.
The discussion on the conceptual apparatus was accompanied by sharp discussions. But as a result, it was possible to give an exact formulation of terrorism. This defined the concept and logic of the bill. An analysis of terrorism, which took root in the Caucasus and raided Central Russia, made it possible to identify and legally fix such an integral feature of the phenomenon as ideological motivation.
It was decided that the ideology and practice of violence should be understood as terrorism. That is, a belief system expressing the interests of a certain organization or community, aimed at committing illegal actions to achieve certain goals. Consequently, terrorism, terrorist activity, terrorist act are phenomena and concepts that are interconnected, but different. They are manifested in their own way in time and space, which means that the methods of counteraction must be different. This “split” view of the phenomenon allowed us to formulate the state’s reaction in a different way, namely, to consider the fight against terrorism as part of a wider system of measures to counter it.
The current law on countering terrorism (March 6 of 2006) took into account the experience of fighting the underground in the North Caucasus, the provisions of international conventions that our country ratified by taking on the obligations to bring national norms into line with international ones. The principal difference, I repeat, in the definition of terrorism as a phenomenon. If earlier it was considered as a terrorist attack (explosion, fire, arson for the purpose of intimidation, threats, violence ...), we defined: “Terrorism is an ideology of violence and the practice of influencing decision-making by state authorities, local governments or international organizations, related to the intimidation of the population and (or) other forms of unlawful violent actions. ” This made it possible to take preventive measures against criminals at the design stage.
The new law can be considered as a legal act regulating the three states or activities of the authorized state bodies in countering terrorism: preventive and preventive measures to ensure the safety and protection of the rights of citizens, a counter-terrorist operation, minimization of damage and elimination of consequences, including social rehabilitation of participants and victims during the CTO .
- How did the organizational structure of the forces and means involved in the fight against terrorism change after the release of the law?
- A Presidential Decree on Measures to Counter Terrorism (February 15 2006) established the National Anti-Terrorism Committee (NAC) chaired by the Director of the FSB. Approved the composition and Regulations of the NAC. Anti-terrorist commissions have been created in the constituent entities of the Russian Federation, and they are headed by the heads of the highest executive bodies of state power.
For the organization of planning the use of forces and means of the federal bodies of executive power and their territorial counter-terrorism structures, as well as for the management of operations, the following were formed:
- as part of NAC - the Federal Operational Headquarters (FOS). Its head is appointed by the chairman of the NAC. The decisions of the FORS, made in accordance with its competence, are binding on all government bodies whose representatives are members of it;
- operational headquarters in the subjects of the Russian Federation, headed by the heads of the territorial bodies of the FSB.
By Decree 664 of December 26, 2015 established operational headquarters in the sea areas - in Kaspiysk, Murmansk, Petropavlovsk-Kamchatsky, Simferopol and Yuzhno-Sakhalinsk. They are headed, as a rule, by the heads of the FSB border agencies in areas of responsibility.
- 10 years ago, not everything went smoothly. They say you even wanted to be dismissed after you decided to defend your formulation of terrorism?
“They tried to impose on us that, they say, terrorism is“ a theory and practice of influence ... ”, etc. But I, as a scientist, know what a theory is. This is a system of scientifically based views. It was necessary to ask a tough question in the state-law administration of the presidential administration: why are you doing terrorism science? Of course, it did not like it. One of the representatives of the management then stated that I should be removed from the leadership of the group on the development of the law. Offered this mission to Alexander Gurov. But he said I'm right. They invited Alexei Volkov, but he also refused, sharing my point of view. And time propped up. Then a meeting was convened in the Security Committee at Vasiliev. There they finally came to a consolidated formulation that terrorism is not a theory, but an ideology of violence. By the way, in foreign forums I have always found support for this position.
The law defined the vertical of the state system and competence in the field of countering terrorism: the president - the government - federal ministries and departments - the authorities of the subjects of the Russian Federation and local self-government. The personal responsibility of managers at all levels was established. After all, what happened in Beslan and why was it so outraged by the country's political leadership, first of all the president? Imagine: two days are taking hostages, but the head of the operation is not.
That terrorist attack highlighted a lot of flaws, including at the highest level. As I was told, some heads of law enforcement agencies flew to Beslan and, not having stayed for a day, returned to Moscow. As a result - a large number of victims. It does not allow to consider that operation successful. And everyone had to think about the development of a coherent anti-terrorism strategy - such a task was set by the president. But even after that, those who were against personal responsibility did not give up. Already on the third reading of the bill, some people tried to throw this provision away, moreover, behind my back. I had to talk in the strictest manner with the representative of the staff of the State Duma’s Security Committee. I still think: it was not a technical mistake, but the desire of some officials to go into the shadows.
6 March 2006, the law was signed and the National Anti-Terrorism Committee was immediately created, without which everything would remain on paper.
- What, in accordance with this law, was imputed to the Armed Forces of the Russian Federation, which was not there before?
- Provided legal regulation of their application in the country and abroad (articles 6 – 10 FZ). This is the suppression of the flights of aircraft used for terrorist attack or captured; suppression of acts of terrorism in inland waters and in the territorial sea of the Russian Federation, on the objects of marine industrial activity located on the continental shelf of the Russian Federation, as well as to ensure the safety of national maritime navigation; participation in the KTO; suppression of international terrorist activity, including outside the country. The number of contingents, areas of stay, tasks, terms and procedure for replacement or withdrawal are determined by the president.
All multi-departmental military personnel, employees, specialists from the beginning to the end of the KTO were reassigned to its head. I would like to note that political demands put forward by terrorists are not considered. The bodies of the militants who died during the suppression of terrorist acts are not issued to relatives, the burial places are not reported. The constitutional court of the Russian Federation recognized the rule as legal. The motivation is not to turn their burial places into objects of worship, as well as vandalism.
The law prohibits the activities of organizations whose goals or actions are aimed at promoting, justifying and supporting terrorism. The structure, recognized by the decision of the court of terrorism, to be liquidated. This also applies to territorial offices. A unified register of prohibited organizations is maintained, which is published in the Rossiyskaya Gazeta and on the NAK website (http://www.fsb.ru/fsb/npd/terror.htm). Currently, the registry contains 24 organizations whose activities in the Russian Federation are being pursued.
- And yet, despite the measures taken, the likelihood of terrorist attacks, unfortunately, remains, the fundamental human right to life is violated ...
- The search for effective strategies continues, as terrorism itself changes the tactics, methods and targets of attacks. In particular, the aforementioned December presidential decree “On measures to improve public administration in the area of countering terrorism” reflects changes in the content of challenges and real and potential threats to national security.
During the validity of the new strategy, we received evidence that the decisions were timely and correct. From 2006 to 2015, 9000 crimes of a terrorist nature, including 340 terrorist attacks, were recorded, of which 161 is an organized criminal group. 5300 perpetrators of terrorist crimes have been identified and prosecuted.
In general, the number of acts of terrorism in the first years after the adoption of the law has noticeably decreased, but in the 2014 – 2015 years it has more than doubled. And although their share in the structure of grave and especially grave crimes for the said period was about 0,16 percent, the scale of disasters and damage caused are incomparable with any other encroachment, as they take away human lives, traumatize the mind, psyche and memory of the population for a long time. But it is precisely the identification of crimes of a terrorist nature that says that the law is effective and quite effective. A recent case, when in Yekaterinburg, law enforcement agencies came out on the trail and captured igilovtsev, who were preparing the terrorist attacks in St. Petersburg, Yekaterinburg and Moscow, evidence of this.
Does this mean that such an emergency will not happen again? Unfortunately not. It takes a lot of work to prevent the fight against terrorism, from activities in schools to institutions, housing services, private security companies, performances in the media, etc. We have no right to let our guard down, we should only increase it.
- How do you explain the emergence of the IG prohibited in Russia and the attractiveness of certain terrorist slogans for some young people?
“The fact is that since the beginning of the 21st century, the world has been awaiting the benefits of globalization, cross-border cultural and scientific exchanges, anticipating the progress of technology and the next achievements of civilization. At the same time, sensible politicians and experts warned of the possibility of new challenges, called for unity in the fight against terrorism as a comprehensive threat to humanity, but did not meet with complete understanding. What is not wrong? The fact that Islamism, driven by the ideology of the barbarians, is becoming a global threat to states, nations, cultures, religions. Today DAISH-ISIL is an even more sophisticated form of terrorism than the traditional one that we thought was relatively studied. Even the al-Qaeda sectarian network has not sowed as much grief as it has already brought and will still bring IS, although its roots are in Al-Qaida, created by the US special services. This is the first.
Secondly, crafty politicians did not see terrorism where it made attacks and was accompanied by huge victims, or called this word processes that are not (for example, in Novorossiya), and thereby confused the public consciousness in assessing the realities, crossed out the idea of partnership in favor of political interests. Therefore, it is so important to cooperate, to connect the national diplomacy. Therefore, the same manipulation of concepts, the practice of double standards are unacceptable.
Thirdly, one of the causes of the “color revolutions”, about which little is said, is social. Too wide the gap between the poor and the rich. According to some reports, in today's world, 87 families own and manage all of its wealth. The number of poor continues to grow, which allows the ideologists of terrorists to play on these facts, using to recruit new adepts from such a social environment.
Fourth, after the collapse of the USSR, the United States began to harbor the idea of world domination, for which they needed a mechanism of absolute control through the creation of controlled chaos in weak states. This allows us to achieve not only political, military, but also economic goals. For example, printing a $ 100 bill and issuing it costs only 12 cents. But with the help of these pieces of paper, the US gets access to global mineral reserves, cheap labor. That is, they live at the expense of other countries, which is modern neo-colonialism.
Finally, fifthly, igilovtsy, treating recruits, point them to drunkenness, debauchery, greed, corruption of modern Western civilization, thus calling for the fight against the infidels. But thereby turning them into real executioners, killing old men, women, children involved in the slave trade, the execution of Christians, etc., without talking about them. Speaking of high morality in the future caliphate, they turned into a fiend of the human race in practice, which was clearly shown in Syria.
If someone thinks that all this is far away and doesn’t touch us, they are deeply mistaken. Just one example. In previous years, dozens of schools were built and funded with Turkish money in Russia, which today continue to implement just such an ideology. Why do we calmly relate to this and why do people who are responsible for state security do not feel the danger?
We all need to recognize as an inevitable reality: it is the counter-terrorism that will determine the future guarantees of humanity in the field of universal security.