Problems and perspectives for engaging citizens and their associations in ensuring the defense and security of the Russian Federation

Fedotova Yuliya Grigor'evna PhD in Law Expert of the Center for Expert Studies of the Faculty of National Security; Russian Presidential Academy of National Economy and Public Administration 84 Vernadsky Ave., Moscow, 119606, Russia julia.fedotowa@yandex.ru Other publications by this author

In modern conditions, the issues of the participation of citizens and their associations in ensuring the defense of the country and the security of the state remain relevant, and such participation is increasingly in demand. The primary task is to create conditions for the implementation and protection of the legal status of citizens involved in these legal relations, as well as their stimulation. At the same time, balanced legislative regulation and government intervention in the activities of civil society institutions are necessary, which should be immune to destructive influences and ready to participate in ensuring the country's defense and state security.

The literature identifies such forms of citizen participation in ensuring national security: participation in the protection of public order in the forms of assistance to law enforcement agencies, in the search for missing persons, freelance cooperation with the police, participation in the activities of law enforcement-oriented public associations, including voluntary national squads; assistance to bodies engaged in operational search activities; participation in the protection of the state border as freelance staff and as part of voluntary national squads; participation in the work of investigative bodies on a voluntary basis; implementation of public control (public monitoring, inspections, expertise, etc.); informing public authorities about crimes; the state service of the Russian Cossacks (prevention and elimination of emergencies, consequences of natural disasters, civil and territorial defense, environmental protection measures, protection of public order, fire and environmental safety, protection of the state border, fight against terrorism); performance of military duty and military service; exercise of rights and duties in the field of defense (civil and territorial defense, creation of organizations and public associations that contribute to strengthening defense, admission to volunteer formations, etc.); interaction with local governments ^[1]. However, not all possibilities are realized in practice.

The high importance of restricting rights and freedoms in the public interest has allowed scientists to talk about trends in the transition from a rule-of-law state to a security state, and the increasing role of the state's protective function ^[2]. The need to expand the forms of citizen participation in ensuring defense and security within the military organization of the state is determined by the level of protection of the interests of the individual, society and the state and the ability of the state to respond to new, emerging threats and dangers. For example, in India, when paramilitary groups were deployed in "hot spots", reserve battalions were formed to assist in ensuring internal security, which were funded by the central government and the state government ^[3].

Federal Law No. 82-FZ of 05/19/1995 "On Public Associations" prohibits interference by State authorities and their officials in the activities of such associations, except in cases specified by this law. The state supports their activities, regulates the provision of tax and other benefits and advantages to them, can provide targeted financing for socially useful programs of public associations at their request (government grants), conclude contracts, including for the performance of works and services, the purchase of goods, works, services to meet state and municipal needs, etc. Despite the fairly widespread practice of activity, the procedure for the creation and functioning of public associations established with the participation of the state in accordance with Article 51 of the Federal Law "On Public Associations" is still not regulated by law. Thus, such all-Russian public and state organizations as the Voluntary Society for Assistance to the Army, Aviation and Navy of Russia, the All-Russian Physical Culture and Sports Society Dynamo, the Russian Military Historical Society, and the all-Russian public and state movements of children and youth, the Movement of the First, participate in ensuring the defense of the country and the security of the state, to perpetuate the memory of those who died in the defense of the Fatherland, the Search Movement of Russia, the All-Russian Children's and youth military-patriotic public movement YUNARMIYA, the All-Russian public movement Volunteers of Victory, the autonomous non-profit organization Institute for the Development of the Internet, the autonomous non-profit organization for additional professional education Center for the Development of Military Sports Training and Patriotic Education youth" and others. It is obvious that excessive government interference in the activities of civil society institutions will negate the manifestations of their essence and purpose. Nevertheless, such activities cannot be effective without government support, and in some cases a government initiative is needed to involve citizens in certain areas. Thus, if it is necessary to search for and unite certain categories of citizens at the stage of creating a public association and further state regulation and control (financial, organizational, etc.) in the process of its functioning in a state-significant area of activity, state-public associations may be created (for example, focused on providing assistance to certain categories of persons and their knowledge exchange, or experience gained in certain life situations, joint implementation of state and socially significant activities by them), and if necessary, state participation that does not involve such conditions, public-state associations can be created.

The implementation of these powers is entrusted to the Russian Government. Federal Constitutional Law No. 4-FKZ of 11/06/2020 "On the Government of the Russian Federation" defines its powers to interact with civil society institutions: taking measures to support civil society institutions, in particular, non-profit organizations, ensuring their participation in the development and implementation of state policy, interaction with public associations and religious organizations, implementation of measures to support of voluntary (volunteer) activities. In the literature, it is proposed to develop a system of criteria for the effectiveness of public-state associations, to ensure constant monitoring of such indicators by the state ^[4] and even to fix at the legislative level the grounds and conditions for transferring a state function to public formations, its procedure, timing, financing, issues of monitoring its performance, responsibility for non-performance or improper performance, the obligation to organize work with citizens' appeals, etc. ^[5]. Legislative regulation of such issues may entail a violation of the freedom of contract in such legal relations, in which the dispositive method of legal regulation should prevail. We believe that we should limit ourselves to methodological recommendations to public authorities authorized to involve citizens and their associations in assistance, cooperation and interaction. In addition, the performance of various government functions may have its own options, depending on the specifics of the activities of a particular non-profit organization, its organizational, informational, material and other resources, as well as the number of citizens who make up it, and their legal status. In addition, the choice of the form of participation (assistance, cooperation or interaction) should remain with the institution of civil society. Such features will inevitably entail the need to discuss various options for the conditions for the performance of a state function (its scope, timing, methods, means of execution), and therefore legislative norms can only outline the contours of legal regulation of such legal relations, but not detailed rules.

Measures outlined in the Comprehensive Plan for Countering the Ideology of Terrorism in the Russian Federation for 2024-2028 (approved by the President of the Russian Federation on 12/30/2023 No. Pr-2610), include those related to the formation of an anti-terrorist worldview and the dissemination of anti-terrorist content through information and propaganda work among various categories of citizens by holding various kinds of events involving public figures (representing both public authorities and civil society), implemented within the framework of various educational programs and in educational work, as well as aimed at expanding the practice of involving citizens (children and youth, foreign citizens, and their children) in socially useful activities. Attention is focused on the need to provide state support to public organizations involved in the implementation of projects aimed at shaping citizens' anti-terrorist worldview. Taking into account the wide range of powers of state authorities of the subjects of the Russian Federation and local self-government bodies to prevent terrorism (Articles 5.1, 5.2 of Federal Law No. 35-FZ dated 06.03.2006 "On Countering Terrorism"), monitoring the socio-political, socio-economic and other processes taking place in the subject of the Russian Federation, the effectiveness of measures to The introduction of tax incentives and preferences for socially oriented non-profit organizations and other citizens and their associations engaged in patriotically oriented activities can help eliminate the prerequisites for conflicts that contribute to the commission of terrorist acts and the formation of a social base for terrorism.

The literature notes the need for civil society to be consolidated in legislation as a source of democracy and the basis of the constitutional system, its status as a public law institution designed to be the natural support of the state, perform functions in the field of patriotic, military-patriotic education of citizens, as well as stabilizing functions that consolidate the interests of the state and society in the field of protecting sovereignty and ensuring the territorial integrity of Russia. The structure of civil society includes political parties, non-governmental, non-profit foundations and organizations, Cossack associations, etc. ^[6].

Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations" provides for measures of economic support for these organizations, including procurement of goods, works, and services to meet state and municipal needs, provision of tax benefits to citizens and legal entities providing financial support to non-profit organizations, and provision of other benefits to such organizations. Socially oriented non-profit organizations may be supported provided that they carry out certain types of activities in accordance with the constituent documents, including social services, social support and protection of citizens, provision of legal assistance free of charge or on a preferential basis, legal education of the population, charitable activities, organization and support of charity and volunteerism (volunteering), activities in the field of education, enlightenment, science, culture, art, healthcare, prevention and protection of citizens' health, promotion of a healthy lifestyle, improvement of the moral and psychological state of citizens, physical culture and sports, promotion of spiritual development of the individual, activities in the field of patriotic, including military-patriotic, education of citizens. They are provided with financial, property, information, consulting support, as well as support in the field of training and additional professional education of employees and volunteers (volunteers), benefits for paying taxes and fees (both directly and to organizations providing them with financial support), purchases of goods, works, and services to ensure public and private municipal needs. If such organizations are performers of socially useful services and are included in the relevant register, then they have the right to receive priority support measures.

Supporting our position on the participation of citizens in ensuring the defense of the country and the security of the state as a form of democracy, E.E. Nikitina notes the important role of the Cossacks in the mechanism of ensuring civil and territorial defense ^[7]. Scientists draw attention to the difficulties of interaction between Cossack associations and the state due to the incompleteness of consolidating the Cossacks into a single hierarchical structure ^[8], on the one hand, and the lack of a unified legislative approach to their participation in public and municipal service (involvement in it and its performance), on the other, they note the process of nationalization of the Cossacks ^[5] and the predominance at the regional and municipal levels of approaches to using Cossacks to provide assistance on a pro bono basis ^[9]. We agree with them that excessive legislative regulation of the activities of Cossack societies, state-public and public-state associations leads to a lack of equality in the legal status of non-profit organizations, their loss of their legal nature as a social formation, slowing down the formation of a mature civil society as a natural pillar of the state. It is important to create conditions for the implementation and protection of the legal status of such patriotic and socially oriented organizations, which are able to participate in ensuring the defense and security of Russia by their own will and in their own interests.

Federal Law No. 135-FZ dated 08/11/1995 "On Charitable Activities and Volunteerism" is inferior to the model legislation of the CIS countries. A volunteer has the right to receive support in the form of providing him with food, uniforms and special clothing, equipment, personal protective equipment, temporary premises, payment for travel to and from his destination, payment for communication services, payment of insurance premiums for voluntary medical insurance, payment for medical services, and additional training educational programs, basic vocational training programs or reimbursement of expenses incurred, compensation for harm to life or health caused during the implementation of voluntary (volunteer) activities, as well as receive encouragement and awards, etc.

In order to compensate for damage to the life or health of a volunteer, compensation is paid from the federal budget if the damage is caused during the following activities: participation in the elimination of emergency situations and their consequences, fire prevention and extinguishing, emergency rescue operations, assistance to victims of natural disasters, environmental, industrial or other disasters, social, national, religious conflicts, victims of repression, refugees and internally displaced persons, participation in the search for missing persons, etc. Compensation is awarded if harm has been caused to the life or health of a volunteer, information about which is contained in the unified information system for the development of volunteerism, but data about them is not subject to mandatory accounting, which deprives the volunteer of the right to compensation. A volunteer, an organizer of volunteer activities, or a volunteer organization must keep information that has become known to them, which is a secret specially protected by law.

The CIS Model Law "On Volunteerism", approved by Resolution No. 42-15 of the Interparliamentary Assembly of the CIS Member States dated 04/16/2015, has a wide range of advantages compared to the Federal Law "On Charitable Activities and Volunteerism", in particular, it contains definitions, defines its principles, conditions, goals, objectives, forms and types, thereby forming a special environment for the implementation of this activity. The Model Law seems to be more progressive due to the presence of provisions on the registration of citizens engaged in voluntary activities, an expanded list of guarantees of their legal status. It contains a detailed list of guarantees for this activity and the procedure for its organization, as well as the rights and obligations of a volunteer. It provides for the maintenance of registers and personal books of volunteers, the position of volunteer coordinator, among the tasks of this activity is the heroic and patriotic education of young people, among its types - providing assistance to victims of armed and social conflicts, victims of crime, refugees and internally displaced persons, other categories and groups of people in need of outside help and support, participation in in landscaping, caring for the sick and elderly, providing assistance to the disabled, war and labor veterans, participating in restoration and repair work, promoting patriotic, spiritual and moral education of children and youth, participating in civil defense activities and other important areas of activity from the point of view of ensuring national defense and state security. Support measures are provided, including full or partial exemption of volunteers from paying for state or municipal services, financing on a competitive basis of volunteer programs, events and actions, etc. An authorized body for voluntary (volunteer) activities is being introduced, appointed by the government of the country or regional authorities.

Among the goals of charitable and volunteer activities, the legislator names assistance to the patriotic education of children and youth, participation in events to perpetuate the memory of those who died defending the Fatherland. Due to the likelihood of volunteers participating in activities related to the rehabilitation of persons who participated in a special military operation or lived in territories affected by it, as well as in the improvement of individual facilities, it is advisable to supplement the Federal Law "On Charitable Activities and Volunteerism" with the provisions contained in the Model the CIS Law "On Volunteerism", as follows:

1) set out the principles, goals and objectives of voluntary (volunteer) activities and include in the list of types of voluntary (volunteer) activities assistance to victims of armed conflict, participation in the elimination of consequences of armed conflict (Articles 1, 2);

2) to determine as the basis for compensation for harm to the life or health of a volunteer (volunteer) caused while providing assistance to victims of armed conflicts, participating in the elimination of consequences of armed conflicts (paragraph 1, part 1.1, Article 17.1);

3) establish mandatory registration of volunteers in the unified information system for the development of volunteerism and the state register of volunteers, as well as the maintenance of personal books of volunteers (art. 17.5).

Draft Law No. 315234-7 "On Patriotic Education in the Russian Federation", which contains goals, objectives, and measures of state support for patriotic education, and its main directions are spiritual, moral, civil, and military-patriotic, was not adopted. Nevertheless, the provisions on patriotic education of youth as a direction of youth policy were included in Federal Law No. 489-FZ dated 12/30/2020 "On Youth Policy in the Russian Federation", which defines the concept of patriotic education of youth as a systematic and purposeful activity of public authorities and other subjects in the field of youth policy to create love among young citizens. and respect for the Fatherland, loyalty to it and a sense of personal responsibility for the fate of the Fatherland before present and future generations, readiness to fulfill civic duty and constitutional duty to protect the Fatherland, as well as to protect historical truth and preserve historical memory, the formation and strengthening of young citizens of the all-Russian civic identity (including on the basis of regional characteristics and folk traditions of any territory), respect for national history and pride in the achievements of the Fatherland and its citizens, the development of socially significant creative activity of youth. There is no question of directions of patriotic education.

In comparison with this normative legal act, the advantage of the CIS Model Law "On Patriotic Education", approved by Resolution No. 42-6 of the Interparliamentary Assembly of the CIS Member States dated 04/16/2015, is the presence of basic concepts, goals, objectives of patriotic education, principles and main directions of state policy in this area, focusing not only on youth (socio-demographic group of people aged 14 to 35 years), but also other social groups, lists of powers of public authorities in this area. If the Federal Law "On Youth Policy in the Russian Federation" provides for the approval by the Government of the Russian Federation of a set of measures for the patriotic education of youth, and by the state authorities of the subjects of the Russian Federation of a regional set of measures of the same orientation, as well as the assistance of public authorities to the activities of centers for the patriotic education of youth, military–patriotic associations (clubs), historical and local history The CIS Model Law "On Patriotic Education" has a comparatively greater practical focus, as well as search and search organizations, public-governmental and public associations authorized to conduct search work, other non-profit organizations and public associations, and monitoring the effectiveness of patriotic education for young people. Thus, it contains the concept of military-patriotic education, which is understood as a set of measures aimed at forming citizens' awareness of the need to protect the Fatherland, prepare for military service, foster pride in belonging to their people, to their achievements, for the Armed Forces of their country, respect for national history, military service and uniform. the formation of an orientation towards the preservation and enhancement of the glorious military traditions of our ancestors, perpetuating the memory of the soldiers who died defending their Homeland. One of the main directions of state policy is the creation of necessary conditions for the social, cultural, spiritual and physical development of citizens, the creation of a mechanism that initiates and optimizes the effective functioning of the system of patriotic education of various categories of citizens at all levels, and the foundations for ensuring activities in the field of patriotic education (informational, analytical, scientific, educational, methodological, regulatory, organizational, methodological, financial and economic) and management of the system of patriotic education.

At the same time, the legislator recognized the need for patriotic education not only for young people, but also for other social groups. Thus, according to the Order of the Prosecutor General's Office of Russia dated 09/14/2022 No. 510 "On approval of the Concept of Improving State-patriotic education in the Prosecutor's Office of the Russian Federation", the objects of state-patriotic education are employees of the prosecutor's office and organizations, as well as students (cadets) studying under targeted training agreements. Measures are being taken for the civic and patriotic education of children in accordance with the Unified Plan for achieving the National Development Goals of the Russian Federation until 2030 and for the future until 2036, developed by the Government of the Russian Federation. Due to the lack of a regulatory legal act at the legislative level providing for an integrated approach to patriotic and military-patriotic education, it is advisable to adopt a federal law based on the CIS Model Law "On Patriotic Education", providing:

1) the main directions of patriotic education (civil, state and military-patriotic), aimed not only at the younger generation, but also other socio-demographic groups;

2) measures aimed at developing not only the moral and moral readiness to participate in the defense of the Russian Federation, but also the physical ability to carry out such activities at a high professional level, effectively and with minimal risk to life and health;

3) the powers of public authorities in the areas of patriotic education, including the development of departmental normative legal acts and programs of patriotic education of citizens and their implementation, determining the procedure for forming a register of public associations involved in the implementation of departmental programs of patriotic education and enjoying state support.

Cossack societies are classified as non-profit organizations (Article 6.2 of the Federal Law "On Non-Profit Organizations"). They are considered as a form of self-organization of citizens united on the basis of common interests in order to revive and protect the rights of the Russian Cossacks, preserve their traditional way of life, management and culture. Cossack societies are created in the form of farmsteads, village, city, district (yurt), district (separate), military Cossack societies and the All-Russian Cossack society, whose members assume obligations to perform state or other service. They are subject to entry in the state register of Cossack societies in the Russian Federation.

Federal Law No. 154-FZ of 05.12.2005 "On the Civil Service of the Russian Cossacks" establishes the legal and organizational basis for the performance of public service by the Russian Cossacks (members of Cossack societies). The Russian Cossacks undergo state civil, military and federal civil service related to law enforcement activities. For military service, members of Cossack societies are sent, as a rule, to formations and military units of the Armed Forces, which have been assigned traditional Cossack names, National Guard troops and border authorities. They can enroll in the mobilization human reserve of the Armed Forces, other troops, military formations and bodies on a voluntary basis by signing a contract to remain in reserve. Members of Cossack societies assist state bodies in organizing and maintaining military records, organize military-patriotic education of conscripts, their preparation for military service and non-military training of members of Cossack societies during their stay in the reserve, organize the selection and referral to the reserve of candidates from among the members of Cossack societies, take part in measures to prevent and eliminate emergencies. emergency situations and elimination of consequences of natural disasters, civil and territorial defense, environmental protection measures, participate in the protection of public order, environmental and fire safety, protection of the state border, the fight against terrorism, carry out other activities on the basis of contracts (agreements) with public authorities.

The ataman of the military Cossack society organizes the work on assuming obligations for the performance of state and other service by members of Cossack societies. The atamans of the Cossack societies are responsible for monitoring compliance with the obligations assumed. In case of systematic non-fulfillment or improper fulfillment of assumed obligations, the ataman of the All-Russian Cossack society has the right to temporarily dismiss the atamans of the Cossack societies from their posts. The ataman of the All-Russian Cossack society is appointed and dismissed by the President of the Russian Federation on the recommendation of the federal executive authority authorized by the Government of the Russian Federation for cooperation with Cossack societies.

The legal basis for the provision of assistance by Cossack societies to public authorities in the implementation of established tasks and functions are contracts (agreements), which define the conditions and procedure for involving members of Cossack societies in such assistance, the rights and obligations of the parties, the financing procedure, the duration of contracts (agreements), the grounds and procedure for their amendment and early termination, other conditions. Thus, the forms of service provided for by members of Cossack societies who have assumed the following obligations: state and municipal service on the basis of contracts (service contracts) and employment contracts (military service – conscription or contract) and assistance to public authorities in the implementation of established tasks and functions on the basis of an agreement concluded with the Cossack society.

In order to ensure the admission of members of Cossack societies to the reserve, the All-Russian Cossack society enters into an agreement with the federal executive governmental body authorized in the field of defense, management bodies of other troops, military formations and bodies, on the basis of which military Cossack societies conclude agreements with their territorial bodies (military units). They determine the number of members of Cossack societies who are in reserve, the duration of such agreements (agreements), the grounds and procedure for their early termination, and other conditions. The financing of the state service of the Cossacks is carried out at the expense of the relevant budget.

The Strategy of the state policy of the Russian Federation in relation to the Russian Cossacks for 2021-2030. (approved by Decree of the President of the Russian Federation No. 50 dated 08/09/2020) interaction is explicitly defined as a form of participation of the Cossacks in the activities of state bodies. The creation and functioning of Cossack cadet corps was noted, and the Center for Military-Patriotic Education and Training of Cossack Youth for Military Service is operating. The priorities of the state policy are to ensure the participation of the Cossacks in measures to strengthen the country's defense, state and public security, to involve them in activities aimed at strengthening civil unity, harmonizing interethnic (interethnic) relations, preventing extremism and preventing conflicts on national and religious grounds, and ensuring participation in solving state tasks in the field of civil and territorial defense , etc . The problems complicating the implementation of state policy towards the Cossacks are their continuing disunity, the involvement of representatives of the Cossacks in political and ethnic conflicts, their partial radicalization, and the threat of spreading negative cultural and everyday stereotypes. The Government of the Russian Federation has developed an action plan for the implementation of the Strategy in the form of Decree No. 3248-r dated 11/18/2023 "On Approval of the action plan for 2024-2026 for the implementation of the Strategy of State Policy of the Russian Federation in relation to the Russian Cossacks for 2021-2030".

The problem lies in the ambiguous approach of the legislator and the law enforcement officer to the form of participation of Cossack societies in ensuring the defense of the country and the security of the state. On the one hand, the legislator explicitly points to the interaction of representatives of the Cossacks and government agencies, on the other hand, agreements are provided for the registration of assistance and cooperation. Considering that these forms of participation reflect varying degrees of interest in state-significant defense or security activities, appropriate incentive legal measures should be applied to improve the conditions for participation and encourage Cossack societies to participate more widely in various events, providing for financial support and remuneration, as well as non-financial incentives for their representatives. The Federal Law "On the Civil Service of the Russian Cossacks" should be supplemented with the following provisions:

1) in Part 5 of Article 5, after the word "payments", specify: "with the exception of payment for work performed during time free from fulfilling obligations to perform state and other service";

2) in Article 5, insert Part 4.1 of the following content: "Social support for members of Cossack societies who serve in the civil service, assist government agencies and carry out other activities on the basis of contracts (agreements) with public authorities is guaranteed by law. Monetary remuneration may be paid from the federal budget to members of Cossack societies who assist state bodies and carry out other activities on the basis of contracts (agreements) with public authorities. State authorities of the subjects of the Russian Federation and local self-government bodies, at the expense of the relevant budgets, have the right to provide support measures to members of Cossack societies, including financial incentives, benefits and compensations in the amount and in the manner determined by the legislation of the subjects of the Russian Federation and municipal legal acts.";

3) in Part 3 of Article 7, after the word "financing", specify: "and remuneration payments".

According to the Concept of the federal system of training citizens of the Russian Federation for military service for the period up to 2036, approved by Decree of the Government of the Russian Federation dated 02/03/2010 No. 134-r, military-patriotic education is carried out by youth affairs bodies and executive bodies of the subjects of the Russian Federation that manage education, public organizations, councils of veterans and military commissariats. Separate military-patriotic associations (clubs) As the main subjects of military-patriotic education, they have been preserved, but they do not have a single coordinated program of military-patriotic education, they are unevenly distributed among the subjects of the Russian Federation and therefore cover only a small part of citizens. Educational, material and technical support for their activities is unsatisfactory, especially in subsidized regions of the Russian Federation and in rural areas. There has been a trend towards the development of a network of cadet military corps and cadet schools. The training of citizens subject to conscription in the military accounting specialties of soldiers, sailors, sergeants and foremen in the interests of the Armed Forces, other troops, military formations and bodies is carried out in public associations, the largest of which is the All-Russian public and State Organization "Voluntary Society for Assistance to the Army, Aviation and Navy of Russia", and also in professional educational organizations and other organizations. At the same time, of this entire system, only DOSAAF Russia has preserved an extensive organizational structure, which is represented in almost all regions of the Russian Federation and has a material and technical base and human resources. At the same time, the acute problems of pre-conscription training are, on the one hand, a decrease in the level of physical fitness of citizens for military service, and on the other, outdated educational, material and sports facilities, military equipment transferred to educational organizations of DOSAAF Russia for the organization of training specialists.

In addition to solving these problems, the tasks were set to ensure the activities of regional branches of the All-Russian Children's and Youth military-patriotic public movement "YUNARMIYA" in each region of Russia, and their local branches in municipalities in order to conduct military–patriotic events and involve the maximum number of citizens in them and create classes of yunarmey training (units of Houses of "UNARMIA") on the basis of zonal centers for training citizens for military service and military-patriotic education, the creation of which in each municipality is provided for by the amendments introduced on 06/25/2025. Such centers are aimed at providing citizens with basic knowledge in the field of defense, practical knowledge and skills in basic military training. At the same time, such centers are usually created on the basis of art houses, physical culture and sports institutions, which actualizes the creation of a training system for instructors with practical knowledge and skills in the field of military training.

Today, the state provides representation in the governing bodies of DOSAAF of Russia, coordinates and participates in shaping the main directions of its activities, provides support in fulfilling state tasks and monitors their implementation. Public authorities are recommended to provide support and assistance to DOSAAF of Russia and its regional branches. The Russian Ministry of Defense and other federal executive authorities that provide for military service are recommended to support the DOSAAF of Russia in carrying out activities aimed at the patriotic (military-patriotic) education of citizens, including children and youth, and to involve the DOSAAF of Russia in activities aimed at fulfilling tasks during mobilization and during the war time, training of citizens who are subject to conscription, who are in reserve, conducting exercises and trainings on mobilization deployment and implementation of mobilization plans, advanced training of employees of mobilization bodies. Financing is provided at the expense and within the limits of the budget appropriations of the federal budget.

Federal Law No. 390-FZ of December 28, 2010 "On Security" defines, in essence, the content of not just security activities, but administration in this area: forecasting, identifying, analyzing and assessing security threats, defining the main directions of state policy and strategic planning, legal regulation, development and application of a set of operational and long-term measures to identify, prevent and eliminate security threats, localize and neutralize the consequences of their manifestation, the use of special economic measures to ensure security, the development, production and introduction of modern types of weapons, military and special equipment, dual-use and civilian equipment, the organization of scientific activities, coordination of public authorities, financing the costs of ensuring security, control over the targeted spending of allocated funds, international cooperation, etc. According to Article 14 of the Federal Law on Security, one of the main functions of the Security Council of the Russian Federation is to organize scientific research on issues within its jurisdiction. At the same time, there is no legally defined mechanism at the legislative and subordinate levels for attracting citizens to participate in scientific, expert and scientific expert councils and public councils under security agencies. The reform of the scientific expert council under the Security Council of the Russian Federation in 2024 did not lead to the creation of a clear and transparent procedure for forming the composition of such a council. Expert councils under the committees of the Federation Council and the State Duma of the Federal Assembly of the Russian Federation on defense and security are also not endowed with open mechanisms for selecting their participants.

The Federal legislator, referring to the powers of the Government of the Russian Federation in the field of national defense and state security, to implement measures to protect the sovereignty and territorial integrity of the Russian Federation, to ensure national defense and state security, to ensure the implementation of training programs for citizens in military accounting specialties, to lead civil defense, to ensure the provision of social guarantees to military personnel and other persons involved in 24 of the Federal Constitutional Law of 06.11.2020 No. 4-FKZ "On the Government of the Russian Federation"), emphasizes the need to provide guarantees to all persons who may actually participate in ensuring only the defense of the country or the security of the state.

In the literature, one can find two scientific approaches to the participation of accused and convicted persons in a special military operation. According to the first, despite the historical experience of the Great Patriotic War, such participation is of concern from the point of view of protecting public interests and the rights of subjects of criminal proceedings ^{[10, 11]}, according to the second, it is necessary to expand such participation ^[12]. Taking into account the wide range of persons guilty of various categories of crimes and involved in hostilities, we agree on the need to develop special probation, administrative supervision and public control measures in relation to persons released from criminal responsibility or serving sentences after their participation in a special military operation and return to civilian life. Currently, probation measures in accordance with Federal Law No. 10-FZ dated 02/06/2023 "On Probation in the Russian Federation" are applied only on the principles of voluntariness, citizens are only informed about the possibility of using them. There is no unity of legal status among the participants in the special military operation: for example, citizens called up for military service on mobilization, unlike contract servicemen, are not prohibited from carrying out business activities, but the issues of exercising their labor, pension, and social rights have not been resolved. There is no direct indication of the law on the extension of legal and social protection measures to militia members, participants in territorial defense, military journalists, volunteers delivering goods, and civilians ^[13]. The legislator has yet to solve these problems.

According to Article 44 of Federal Law No. 414-FZ dated December 21, 2021 "On General Principles of the Organization of Public Power in the Subjects of the Russian Federation", the powers of regional government bodies on subjects of joint jurisdiction of the Russian Federation and its subjects, carried out by them independently at the expense of the regional budget (with the exception of subventions from the federal budget), include the resolution of issues of creation conditions and implementation of support for socially oriented non-profit organizations, charitable activities and volunteerism (volunteering), organization and implementation of civil and territorial defense activities, participation in the organization of alternative civil service, organization and implementation of measures to prevent terrorism and extremism, minimize their consequences, participation in countering extremist activities, providing support to citizens and their associations participating in the protection of the state border of the Russian Federation, the creation of mobilization bodies, participation in measures to implement mobilization plans, assistance to military commissariats in mobilization work in peacetime and during mobilization, assistance in priority employment of citizens who have completed military service on mobilization or under contract, or who have terminated their contract to remain in voluntary service. formation, as well as citizens belonging to their family members.

An analysis of tax legislation has shown that the imbalance in the legal regulation of citizens' participation in ensuring national defense and state security within and outside the military organization of the state persists in terms of providing tax benefits and preferences as incentives for such participation. Tax benefits are established for military personnel and their family members (including at the level of regional legal acts ^[14]), but they bypass citizens and organizations involved in ensuring national defense and state security outside the military organization of the state or public authorities. If we generally consider tax benefits for entities whose activities are important in the field under consideration, separate benefits and preferences are established for organizations engaged in physical education and sports, which is important for preparing citizens for military service. Thus, from the Methodological Materials of the Ministry of Economic Development of the Russian Federation on the practices of using the possibility of granting tax preferences to socially oriented non-profit organizations (SONKO) by state authorities of the subjects of the Russian Federation, it can be seen that in some subjects of the Russian Federation, exemptions from paying corporate property tax have been established for non-profit physical education and sports organizations engaged in physical education and sports with minors without collection of fees (Ryazan region), children's health camps (centers) engaged in activities to provide recreation and recreation for children, in relation to property used for appropriate needs (Yaroslavl region). Socially oriented non-profit organizations engaged in sports and recreation activities (Ryazan region), public organizations engaged in the training of parachutists, amateur pilots, and aircraft (Bryansk Region) are exempt from paying transport tax. A reduced tax rate is applied for organizations and individual entrepreneurs whose main economic activity is It is an activity in the field of culture and sports (Khanty-Mansiysk Autonomous Okrug). In this regard, it is proposed to make the following additions to the Tax Code of the Russian Federation:

1) provide benefits for the payment of corporate property tax to socially oriented and other non-profit organizations involved in countering terrorism, extremist activities or holding patriotic (including military-patriotic) events, as well as in the performance of duties provided for in paragraph 3 of Article 1 of Federal Law No. 61-FZ dated 05/31/1996 "On Defense" for the provision of buildings, structures, vehicles and other property owned by them during wartime for defense needs at the request of federal executive authorities – for the duration of the relevant activity or provision of relevant property (art. 381);

2) provide benefits for the payment of property tax on individuals to citizens participating in the protection of the state border of the Russian Federation, civil and territorial defense activities, countering terrorism, extremist activities, or conducting patriotic (including military-patriotic) activities, as well as in the performance of duties provided for in paragraphs 3 of art. 1 and para. 4, Article 9 of Federal Law No. 61-FZ dated 05/31/1996 "On Defense" on the provision of buildings, structures, vehicles and other property owned by federal executive authorities during wartime for the needs of defense at the request of federal executive authorities – for the duration of the relevant activity or provision of relevant property (Article 407);

3) grant land tax benefits to citizens participating in the protection of the state border of the Russian Federation, civil and territorial defense activities, countering terrorism, extremist activities, or conducting patriotic (including military-patriotic) activities, in the performance of duties provided for in paragraphs 3 of art. 1 and paragraph 4 of art. 9 of the Federal Law dated 05/31/1996, No. 61-FZ "On Defense" on the provision of buildings, structures, vehicles and other property owned by federal executive authorities, as well as socially oriented and other non-profit organizations involved in countering terrorism, extremist activities or holding patriotic events in wartime for defense needs (1 of the Federal Law of 05/31/1996 No. 61-FZ "On Defense" to provide buildings, structures, vehicles and other property owned by them in wartime for defense needs at the request of federal executive authorities,– at the time of carrying out the relevant activity or providing the relevant property (Part 1 of art. 395);

4) provide a transport tax benefit to citizens participating in the protection of the state border of the Russian Federation, civil and territorial defense activities, countering terrorism, extremist activities, or conducting patriotic (including military-patriotic) activities, while fulfilling the duties provided for in paragraphs 3 of art. 1 and paragraph 4 of art. 9 of the Federal Law dated 05/31/1996, No. 61-FZ "On Defense" on the provision of buildings, structures, vehicles and other property owned by federal executive authorities, as well as socially oriented and other non-profit organizations involved in countering terrorism, extremist activities or holding patriotic events in wartime for defense needs (1 of the Federal Law of 05/31/1996 No. 61-FZ "On Defense" to provide buildings, structures, vehicles and other property owned by them in wartime for defense needs at the request of federal executive authorities, – for the duration of the relevant activity or provision of relevant property (art. 361.1).

The implementation of the above proposals will increase the degree of interest of active citizens and patriotically oriented non-profit associations in state-significant activities to ensure the defense and security of the Russian Federation, which is especially important in the context of a special military operation and the likelihood of an increase in new threats and challenges after its completion.

The article is published in the version approved by the reviewers (after receiving a positive review recommending the manuscript for publication) with corrections made by the author (after receiving the editor’s comments, if any).
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