What is the OSCE and what does this organization do? OSCE: structure, tasks and activities of the organization OSCE Special Monitoring Mission to Ukraine

The Russian Federation views the Organization for Security and Cooperation in Europe (OSCE) as an important element of the modern European security architecture. This is one of the formed instruments of multilateral diplomacy with a 40-year history, in the formation and development of which Russia took an active part.

On January 6, 1992, having officially secured the succession as the successor state of the USSR in the Conference on Security and Cooperation in Europe (CSCE), Russia confirmed its determination to act in accordance with the obligations of the Helsinki Final Act (1975), the Charter of Paris for a New Europe ( 1990), as well as all other documents collectively agreed within the framework of the CSCE.

At present, the OSCE is a permanent Organization with a branched structure, in which Russia is a full-fledged participant and can realize its national interests in the European, Euro-Atlantic and Eurasian spaces. Today, the OSCE has 57 participating States from North America, Europe and Asia and is the world's largest regional security organization working to promote peace, democracy and stability in an area of ​​more than a billion people.

The Emergence of the CSCE/OSCE and the Helsinki Final Act

The origins of the OSCE date back to the period of détente in the early 1970s with the establishment of the Conference on Security and Cooperation in Europe (CSCE) as a multilateral mechanism to promote dialogue between east and west. The work of the Organization for Security and Cooperation in Europe (OSCE) was based on the Helsinki Final Act of 1975, fixing the political and territorial results of the Second World War, which approved ten principles (the Helsinki Decalogue) of relations between states: sovereign equality, respect for the rights inherent in sovereignty ; non-use of force or threat of force; inviolability of borders; territorial integrity; peaceful settlement of disputes; non-interference in internal affairs; respect for human rights and fundamental freedoms; equality and the right of peoples to control their own destiny; cooperation between states; fulfillment of international legal obligations.

In addition, the document included the following main agreements, divided into three "baskets" - three dimensions of security:

Military-political dimension - agreeing on a set of confidence-building measures in the military field (prior notification of military exercises, major troop movements, exchange of observers at military exercises on a voluntary basis);

Economic and environmental dimension - analysis of the state and development of recommendations for the development of cooperation in the field of economy, science and technology and the environment;

Human Dimension - political commitments on human rights and fundamental freedoms, including freedom of movement, contacts, information, culture and education, and monitoring their implementation in practice.

Thus, the Helsinki Final Act of 1975 became a "charter of détente", establishing the principles of relations between participating states, as well as relations within states. Even without a rigid structure of its own, the Conference on Security and Cooperation in Europe (CSCE) served the two antagonistic systems as a reliable platform for peaceful cooperation and dialogue. Within the framework of the CSCE, confidence- and security-building measures were implemented for the first time, embodying the principle of security based on cooperation, when the security of one state is inextricably linked with the security of all others.

Structure of the OSCE

The OSCE has created an effective set of institutions that play an active role in everyday efforts to reduce tensions and create an atmosphere of trust among participating States. The Vienna-based Secretariat, the “quiet diplomacy” of the High Commissioner on National Minorities (HCNM), as well as the multifaceted work of the Office for Democratic Institutions and Human Rights (ODIHR) and the Representative on Freedom of the Media (PRMP) provide the OSCE with mechanisms to assistance to participating States. Summit (Summit) - periodically held meeting of the heads of state and government of the OSCE countries.

The Council of Foreign Ministers is an annual (except for the year of summit meetings) meeting of the Ministers of Foreign Affairs of the OSCE participating States.

Permanent Council under the leadership of the current chairman, who holds this post for a year. Conducts regular political consultations and makes decisions (meets weekly in Vienna).

Forum for Security Cooperation - regularly discusses arms control and CSBMs (meets weekly in Vienna).

High Commissioner on National Minorities - deals with early warning of conflicts and urgent action to prevent inter-ethnic tensions from escalating into conflict. The Commissioner is appointed for a period of three years, renewable for no more than one three-year term.

The OSCE Office for Democratic Institutions and Human Rights (ODIHR) is engaged in ensuring respect for human rights and fundamental freedoms, strengthening and protecting democratic institutions.

The OSCE Parliamentary Assembly is an inter-parliamentary organization that unites the parliaments of 57 states in Europe, Asia and North America.

Representative on Freedom of the Media - oversees media developments in 56 OSCE participating States.

OSCE and conflict resolution

The end of the Cold War allowed cooperation to replace confrontation in relations between East and West. However, stability in the OSCE space was once again under threat due to internal armed conflicts that broke out in individual states, and tensions within countries quickly pushed the contradictions between them into the background. The main task of the CSCE in the 1990s was no longer to provide a forum for dialogue between two opposing military alliances, but early warning, conflict prevention, crisis management and post-conflict reconstruction.

Adopted in 1990 Charter for a New Europe, the participating States set the OSCE in a new direction, beginning the process of transforming it from a mechanism of political negotiation into an organization with permanent institutions, own structures on the ground and other capabilities for operational action to meet the new security needs of the post-Cold War era. In December 1994, by decision of the Budapest summit meeting, the CSCE was renamed the OSCE - Organization for Security and Cooperation in Europe (this name has been in effect since January 1, 1995). And along with ongoing work on confidence-building measures and arms control, the OSCE has assumed new roles and expanded mandates for early warning, conflict prevention, conflict resolution and post-conflict rehabilitation.

In this vein, the following documents were agreed that define the powers, instruments and mechanisms of the OSCE and its structures at all stages of the conflict, namely: the Charter of Paris for a New Europe, adopted in 1990; the Prague Document on the Further Development of CSCE Institutions and Structures, adopted in January 1992; the Helsinki Document on the Challenge of a Time of Change, adopted in July 1992; document of the Stockholm Ministerial Council, adopted in December 1992; Istanbul Charter for European Security 1999; Ministerial Council Decision No. 8 of 2002 on the Role of the OSCE Chairperson-in-Office; OSCE Strategy for Countering Threats to Security in the 21st Century, 2003; Astana Commemorative Declaration: Towards a Security Community, 2010; and Ministerial Council Resolution No. 3/11 of 2011 “Elements of the Conflict Cycle Related to Enhancing the OSCE's Capacity for Early Warning, Early Action, Dialogue Facilitation, Mediation Support and Post-Conflict Reconstruction”. These documents are in line with UN General Assembly resolutions A/RES/65/283 (2011), A/RES/66/291 (2012) and A/RES/68/303 (2014) on strengthening the function of mediation in the peaceful settlement of disputes, preventing and conflict resolution.

OSCE Mission to Transnistria

The Organization for Security and Cooperation in Europe (OSCE) opened a Mission in Moldova in February 1993. The Mission's mandate at that time included assistance in finding a peaceful solution to the conflict between the central government of the country and the Transnistrian region. The mission is based in Chisinau with an active branch in Tiraspol and an office in Bendery.

The main objective of the Mission is to help achieve a long-term, comprehensive political settlement of the Transnistrian conflict; strengthening the independence and sovereignty of Moldova; as well as reaching an agreement on a special status for Transnistria. It is also tasked to provide advice and expertise on human and minority rights and democratic change. The OSCE plays a key role in the negotiation process towards a final, comprehensive and sustainable settlement of the Transnistrian conflict. Since 2005, this process, known as the "5+2", has included the OSCE, Russia and Ukraine as mediators, as well as the European Union and the United States as observers (negotiations resumed in 2011). The Mission is working with both sides to build trust between people living on both sides of the Dniester. The mission also participates as an observer in the work of the Joint Control Commission, which is the control body of the Joint Peacekeeping Forces, and is formed from the delegations of the Russian Federation, Moldova and Transnistria, with the participation of Ukraine as an additional observer.

OSCE Mission to Ukraine

On March 21, 2014, the OSCE Permanent Council decided to send a Special Monitoring Mission to Ukraine, consisting of civilian unarmed observers.

The mission was placed in connection with the appeal of the government of Ukraine to the OSCE and the decision of the OSCE participating countries.

The objectives of the Mission are to collect information, report on the security situation and establish facts, in particular on specific incidents and events on the ground. The Mission's observers communicate with various groups of the population - with representatives of government at all levels, civil society, ethnic and religious groups and local communities.

The Mission has at different times between 500 and 1,000 civilian unarmed observers from more than 40 OSCE participating States. The mandate of the Mission extends to the entire territory of Ukraine. The main office of the Mission is located in Kyiv. Observer teams work in 10 largest cities of Ukraine: Dnepropetrovsk, Donetsk, Ivano-Frankivsk, Kyiv, Lugansk, Lvov, Odessa, Kharkov, Kherson and Chernivtsi. About 350 observers worked in Donetsk and Lugansk regions.

Russia and OSCE anti-terrorist activities

At the beginning of the 21st century, the topic of countering terrorism is one of the priorities of the OSCE. This topic has been actively promoted by Russia since the second half of the 1990s. and firmly entrenched on the agenda of the Organization after the September 11, 2001 attacks in the United States. In December 2001, the 9th meeting of the OSCE Council of Foreign Ministers (CMFA) took place in Bucharest, at which, largely thanks to Russia's efforts, it was possible to reach serious documents that laid the foundation for the Organization's work in the antiterrorist direction.

The 10th OSCE Ministerial Council meeting in Porto (December 6-7, 2002) developed and consolidated the agreements reached in Bucharest. The main guidelines for reforming the Organization were outlined, and the importance of its speedy adaptation to modern international realities was emphasized. The new, significantly enriched agenda of the OSCE mainly takes into account Russia's emphasis on the balanced development of all three dimensions of the Organization, while maintaining the priority importance of the antiterrorist component.

One of the important stages in the activities of the OSCE was the 11th meeting of the Ministerial Council in Maastricht (December 1-2, 2003) . The key documents of the meeting were the OSCE Strategy to Counter Threats to Stability and Security in the 21st Century and the Document on the Strategy in the Economic and Environmental Dimension, and in addition, the antiterrorist vector of the Organization's activities was actively developed. The Ministerial Council adopted decisions to improve the security of travel documents and to establish the OSCE Counter-Terrorism Network.

In 2005 there was a further intensification of the work of the OSCE in the antiterrorist direction. Russia and France jointly initiated the adoption of the Statement of the Foreign Ministers of the OSCE participating States in support of the International Convention for the Suppression of Acts of Nuclear Terrorism. Moscow and Washington came up with a joint initiative aimed at countering the threat of terrorists using high-risk radioactive sources.

Today, the OSCE performs tasks to promote the implementation of existing international legal instruments, stimulating the participating States and partners to join and fully implement the universal anti-terrorist conventions and protocols as soon as possible.

The OSCE follows in line with the leading role of the UN in the global effort to combat terrorism. In its activities, it relies on the resolutions of the Security Council, the General Assembly and other UN documents. As for the OSCE's own regulatory framework, it can be divided into two parts: framework and operational. The first includes OSCE documents that create a political framework for antiterrorist cooperation. The second, operational part includes the decisions of the Ministerial Council, the Permanent Council and the OSCE Forum for Security Co-operation concerning the practical aspects of antiterrorist work. Documents adopted at OSCE summits are of particular importance.

The main forms of anti-terrorist work of the OSCE are:

Monitoring the fulfillment by the participating states of their international legal and political obligations in the fight against terrorism;

Development of political obligations of the participating states in support of the anti-terrorist activities of the UN and relevant international organizations;

Holding political conferences, scientific and practical events and training seminars at the pan-European, regional and national levels;

Development and implementation of projects to assist the participating States at their request in specific areas of anti-terrorist activities;

Coordination of antiterrorist cooperation on the basis of the Cooperative Security Platform (Istanbul, 1999).

Today, the Anti-Terrorism Unit of the OSCE Secretariat (ATU) contributes to the promotion and strengthening of the international legal framework for combating terrorism. In cooperation with the United Nations Office on Drugs and Crime (UNODC), the Unit organizes national and subregional workshops to promote the ratification of the universal counter-terrorism conventions and protocols. The ATP provides member countries with assistance in drafting legislation that properly defines terrorist-related criminal offenses. OSCE participating States recognize that counter-terrorism activities cannot become effective unless they are based on a strong legal framework. In 2001, they undertook obligations to become parties to 12 universal counter-terrorism conventions and protocols that had entered into force by that time. Today, the unit's work goes beyond promoting their ratification. The ATP facilitates the reflection of the provisions of the relevant treaties in national legislation, as required by international law and necessary to ensure effective cooperation.

The ATU, as the focal point for counter-terrorism activities of the OSCE, actively promotes discussion among stakeholders aimed at identifying best practices and possible ways forward in combating extreme forms of extremism and radicalization that can lead to terrorist attacks.

The development of this dimension of the Organization's activities meets Russian interests in the field of security. Russia actively and proactively participates both in the norm-setting work of the OSCE and in practical antiterrorist measures.

Reforming the OSCE

The result of many years of activity of the OSCE was the emergence of a rather unique regional organization. Today, the OSCE is neither a military alliance nor an economic union. It is an association of states and their peoples, united with the participation of Mediterranean and Asian partner countries for cooperation for the common goal of forming a democratic, integrated continent, free from wars and conflicts, in which all inhabitants, collectively and individually, will be provided with freedom, prosperity and security.

Today, the OSCE is the broadest forum in terms of composition, covering both the transatlantic and the Eurasian space. All major interests and states are represented in the OSCE, the principle of equality of which is enshrined in the rule of consensus in decision-making.

At the same time, many analysts assess the current situation in the OSCE as ambiguous, and active discussions are now underway about reforming the Organization. Russia is also in favor of a reform of the OSCE that would both solidify the Organization's new political agenda and properly restructure it structurally. In accordance with the decision of the Sofia Ministerial Council, a "Group of Wise Men" was created to improve the effectiveness of the OSCE, which included Russian representatives.

In 2013, a draft concept of a new agreement was proposed, which was called "Helsinki + 40". However, from the very beginning, the participants could not agree on the main components of the document. Thus, Russia opposed the revision of the basic principles of the Helsinki Act and insists only on their actualization. The Russian Foreign Ministry stresses the need to preserve the OSCE.

In December 2014, diplomats agreed to continue the Helsinki+40 process. In January 2015, a special expert body was created, which was called the "Group of Wise Men". Its work should contribute to a constructive dialogue on security issues, as well as the restoration of confidence in the Euro-Atlantic and Eurasian regions and the strengthening of OSCE commitments.

Notes:

1. Austria, Azerbaijan, Albania, Andorra, Armenia, Belarus, Belgium, Bulgaria, Bosnia and Herzegovina, Former Yugoslav Republic of Macedonia, Hungary, Germany, Greece, Georgia, Denmark, Ireland, Iceland, Spain, Italy, Kazakhstan, Canada, Cyprus , Kyrgyzstan, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Moldova, Monaco, Mongolia, Netherlands, Norway, Poland, Portugal, Russian Federation, Romania, San Marino, Holy See, Serbia, Slovakia, Slovenia, United Kingdom, United States America, Tajikistan, Turkmenistan, Turkey, Uzbekistan, Ukraine, Finland, France, Croatia, Montenegro, Czech Republic, Switzerland, Sweden, Estonia.

2. Such documents include: Strategy to Counter Threats to Security and Stability in the 21st Century (Maastricht, 2003), Plan of Action to Combat Terrorism (Bucharest, 2001), European Security Charter (Istanbul, 1999).

3. The Council of Foreign Ministers approved a number of important decisions in the military-political field that are in line with Russian interests (on the destruction of surplus conventional ammunition; on strengthening control over the proliferation of man-portable air defense systems (MANPADS); Guidelines on Best Practices in the Field of Small Arms and Light Weapons) and humanitarian dimension (on combating human trafficking; creating a climate of tolerance, combating manifestations of racism, xenophobia and discrimination; improving electoral standards that are of equal importance for all participating States).

The content of the article

ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE (OSCE)(Organization for Security and Cooperation in Europe, OSCE) is a unique regional forum that unites the United States, Canada, almost all European countries and former Soviet republics, until 1994 known as the Conference on Security and Cooperation in Europe (CSCE).

From CSCE to OSCE.

The forerunner of the OSCE as an international organization proper was the Conference on Security and Cooperation in Europe, convened in 1973 on the initiative of the USSR to overcome tensions in relations between East and West. The United States, Canada and most European states with different political, economic and social systems participated in its work. The main goal of the participating countries was to strengthen international detente and stability on the European continent, develop mutual understanding between peoples and establish international private contacts in the field of culture. At the Budapest Summit of the CSCE in 1994, it was decided to rename the CSCE to the OSCE. Thus, the OSCE was a logical continuation of the CSCE. Therefore, in journalism and scientific literature, the CSCE/OSCE is often written as two organically complementary phenomena in international relations.

Significance.

The political significance of the OSCE lies primarily in its uniqueness compared to other international governmental organizations in Europe. It is practically the only European security organization directly involved in early warning, conflict resolution and post-crisis recovery in crisis regions, as well as preventive diplomacy, election observation, and environmental security in Europe.

The founding document of the CSCE/OSCE is the Helsinki Final Act, signed on August 1, 1975 by the USSR, the USA, Canada and 33 European states. This document was intended to consolidate the existing "status quo" on the European continent and continue further movement along the path of detente in relations between the West and the East. It contained the basic principles that determined the norms of mutual relations and cooperation of the participating countries and consisted of three sections (or three "baskets"), corresponding to the number of the main tasks of the Conference.

The first "basket" dealt with general issues related to the problems of European security. The second "basket" was devoted to the issues of economic, scientific and technical cooperation and cooperation in the field of ecology and environmental conservation. The third included humanitarian issues and the problem of protecting human rights (VII, VIII and XI principles). It caused the greatest resistance on the part of the USSR, since such a formulation of the problem transferred the ideological conflict between the two blocs to a completely different plane. The issue of protecting the political rights and freedoms of citizens was the “weak link” of the Soviet system, and the signing of the Helsinki Act became an international recognition, although not implemented in practice, of the right to exist for a dissident movement and political opposition in the USSR. Later, this was used more than once by the American leadership to exert diplomatic pressure on the USSR. According to many analysts, the adoption of the Final Act not only symbolized the era of "detente", but also led to the "re-ideologization" of the confrontation between East and West, transferring it to the plane of observance of human rights. Nevertheless, the very fact of convening the Conference contributed to overcoming tensions in the Old World and establishing a regime for the free exchange of ideas, information, and the free movement of people. The Helsinki Act also became the basis for the adoption of all subsequent basic documents of this organization.

A distinctive feature of the CSCE/OSCE is the universal nature of this organization: not only almost all European states, but also the USSR, the USA and Canada became its participants, and the main basic provisions of the Conference/Organization are aimed at ensuring security in Europe. It is quite obvious that the universal nature of the CSCE/OSCE was also ensured by procedural rules, namely: the principle of consensus in decision-making and the principle of equality of participating countries. The Final Act was also seen as documentary confirmation of the existing balance of power between the two military-political blocs (NATO and the Warsaw Pact) and the non-aligned countries.

After the collapse of the USSR and the end of the ideological confrontation between West and East, the former adversaries attempted to turn the CSCE (and then the OSCE) into a pan-European organization involved in maintaining security in Europe, resolving conflicts, developing new arms control agreements, as well as taking measures to strengthen military confidence. It was at this time that such key documents as the Charter of Paris for a New Europe, the Treaty on Conventional Arms in Europe (CFE Treaty), the Open Skies Treaty, documents on the “third generation of confidence and security building measures” and other agreements were developed and signed. Thus, the participating countries tried to "adjust" the CSCE/OSCE to the new realities that have developed on the continent after the end of the Cold War.

NATO's eastward expansion and the increased level of cooperation between the North Atlantic Alliance and Russia have led to significant geopolitical changes, without, however, calling into question the role of the OSCE as the only pan-European international governmental organization. This organization is practically inseparable from the “key link” between NATO and the EU; it is often used by individual participating countries for indirect “voicing” their own national interests. For example, in the late 1980s and early 1990s, Mikhail Gorbachev and Francois Mitterrand tried to oppose the OSCE to NATO. In fact, Paris and Moscow were not interested in further strengthening NATO, as they did not have sufficient organizational resources to influence the decision-making process within NATO, which is heavily influenced by the United States. Moreover, in 1994, French Prime Minister Edouard Balladur proposed making the CSCE/OSCE the main peacekeeping organization in resolving the conflict in the former Yugoslavia. Russia also supported this position and until the 1999 Istanbul summit tried to "promote" the OSCE as the main actor in the field of European security. However, criticism of Russian actions in Chechnya at the OSCE Istanbul Summit, as well as Moscow's increased cooperation with NATO, eventually led to a partial loss of Russian interest in the OSCE as an organization for maintaining security in Europe. At the beginning of the 21st century Russia pursues a pragmatic foreign policy and recognizes NATO as a key organization in the field of European security.

It should be noted that the transformation of the CSCE/OSCE in the 1990s was a spontaneous response to new security challenges. In particular, the collapse of the USSR caused not only an increase in the number of participants in the Helsinki process, but also significantly expanded the range of tasks to be solved by the CSCE, for the implementation of which new institutions were created. At the same time, the resolution of ethno-political conflicts on the European continent has become the main goal of the OSCE. However, real peacekeeping presupposes not only the political will of all participating countries, but also the existence of appropriate institutions. So at a meeting in Prague (January 1992) of the Council of Ministers of Foreign Affairs of the participating countries, it was decided to strengthen the role of the Center for Conflict Prevention, which is engaged in planning peacekeeping missions. Basically, the missions of the Organization pursue two tasks: settlement or prevention of conflicts on the territory of the OSCE member states and informing about crisis situations. As a rule, missions differ from each other in the number of personnel involved (from 3 to 600 people) and in specific tasks determined by the respective mandate of the OSCE. At the beginning of the 21st century The OSCE maintains 8 missions in Albania, Bosnia and Herzegovina, Croatia, Serbia and Montenegro, Macedonia, Moldova, Georgia, Armenia and 7 offices in Minsk, Ukraine, Baku, Alma-Ata, Bishkek, Tashkent and Dushanbe. However, the missions deployed by the OSCE in the territory of the former Yugoslavia and in the Transcaucasus received the greatest fame: it was their activities that were covered in the international media and specialized political science publications. According to Russian and foreign political scientists, it is in these regions that the OSCE tried to play the role of an active peacekeeping organization. However, in both cases the OSCE played a secondary role and was mainly involved in post-conflict resolution. Thus, for example, the main task of the OSCE Mission to Bosnia and Herzegovina (established on December 8, 1995) was to monitor compliance with the General Framework Agreement for Peace in Bosnia and Herzegovina (“Dayton Accords”) and to strengthen peace, democracy and stability in the region. As in Bosnia, the OSCE mission in Kosovo played a leading role in issues related to the reconstruction of the territory, institution building and the strengthening of democracy. In both cases, NATO was directly involved in resolving the conflict, while the OSCE got the difficult and thankless job of post-war settlement and reconstruction. For example, the closure of the OSCE mission in Kosovo at the end of 1998 de facto meant that the organization refused to participate in the settlement of the ethnic conflict between Serbs and Albanians and the transfer of peacekeeping functions to NATO.

The undoubted success of the OSCE in Transcaucasia was the creation of the Minsk Contact Group on Nagorno-Karabakh (1992) to resolve the armed conflict between Azerbaijan and Armenia. The group, which included representatives of Great Britain, Germany, the Russian Federation, the United States and France, dealt with the resolution of the Karabakh conflict, and its observers monitored the observance of a truce between the conflicting parties. In 1993, the Minsk Group proposed a plan for settling the territorial disputes between Baku and Yerevan (the "Updated Schedule"), but these provisions were not accepted by either Armenia or Azerbaijan. Eventually, in 1994, the two sides, mediated by Russia, agreed to honor an informal ceasefire agreement that is in place to this day.

The OSCE High Level Planning Group (HLPG) is developing and promoting a peace agreement between Armenia and Azerbaijan, but, so far, its efforts have not been successful. It should be noted that in this case, the OSCE tried to directly participate in the conflict settlement, but was largely pushed aside by the great powers - the co-chairs of the Minsk Group. In reality, it was the US, Russia and France, not the OSCE, that forced Armenia and Azerbaijan to suspend hostilities.

Operating structures, institutions and budget of the OSCE.

OSCE Permanent Council consists of representatives of the participating States and, in fact, is the main executive body of the OSCE. The Council meets once a week at the Vienna Hofburg Congress Center to discuss the current state of affairs in the OSCE area of ​​territorial responsibility and take appropriate decisions. Like the Council, the Forum for Security Co-operation meets once a week in Vienna to discuss and decide on issues related to the military dimension of pan-European security. In particular this applies Confidence and Security Measures. The Forum also deals with issues related to new security challenges and conflict resolution in the OSCE area of ​​responsibility. In turn, the OSCE Economic Forum meets once a year in Prague to discuss economic and environmental issues affecting the security of the participating countries.

The Summit or OSCE Summit is a periodic meeting of the Heads of State or Government of OSCE member states. The main task of the summits is to determine the political guidelines and priorities for the development of the Organization at the highest level. Each meeting is preceded by a preparatory conference during which diplomats from the contracting parties oversee the implementation of key legal commitments made by the OSCE. They agree on the positions of the participants and prepare basic documents for the upcoming summit. During the existence of the CSCE/OSCE, 6 summits have been held. The most significant were:

Helsinki Summit(1975), culminating in the signing of the Final Act, which is the founding document of the CSCE/OSCE;

paris summit(1990), which culminated in the signing of the Charter for a New Europe and the Treaty on Conventional Armed Forces in Europe. The Charter confirmed the decisions of the OSCE Vienna Meeting (1986) and documented the priority of international law over national law, which further led to the strengthening of separatist movements in the USSR and Eastern Europe;

budapest summit(1994) culminated in a series of institutional reforms. The CSCE was turned into a permanent organization of the OSCE, the contracting parties paid additional attention to the problems of resolving the Karabakh conflict, etc.;

istanbul summit(1999), culminating in the signing of the European Security Charter. During the meeting, the Russian delegation was severely criticized because of Moscow's policy in Chechnya. Russia pledged to reduce its military presence in Transcaucasia and Transnistria.

Council of Foreign Ministers. A kind of "substitute" for summits is the Council of Foreign Ministers (CMFA), which usually meets in those years when there are no Summits. The Ministerial Council also elects the OSCE Secretary General for a three-year term. Its main function is to provide organizational support to the Chairman-in-Office. The Office of the Secretary General provides operational support to the OSCE under the direct supervision of the Secretary General. The powers of the secretariat include: support for OSCE missions and projects; contacts with international governmental and non-governmental organizations; coordination of OSCE policy in the field of economy and environmental protection. The press and information department, administrative, financial services, as well as recruitment, conference organization and information technology services are also under the responsibility of the Secretariat.

In practice, the OSCE is led by the Chairman-in-Office, who is re-elected every year and who is the Minister for Foreign Affairs of one of the countries that are members of the OSCE. The Chairman is responsible for the direct implementation of the decisions taken by the Ministerial Council and the Summits. He also carries out the overall coordination of the activities of the OSCE. The OSCE Parliamentary Assembly is composed of approximately 300 deputies representing the legislative branch of the OSCE participating States. The main purpose of the Assembly is parliamentary control and the involvement of European deputies in the activities of the Organization. The Office for Democratic Institutions and Human Rights is, in fact, the main division of the OSCE for monitoring the observance of human rights, basic democratic freedoms in the OSCE participating States. The Bureau is also called upon to assist in the development of demographic institutions in the "zone of responsibility" of the OSCE. In turn, the Representative on Freedom of the Media monitors the development of the situation with the media in the OSCE states and issues the first warning to the governments of the participating States about violations of freedom of speech in their countries. In particular, such a warning was recently issued in 2002 to Turkmenistan.

Within the framework of the OSCE structures dealing with the observance of human rights, attention should be paid to the office of the High Commissioner on National Minorities (The Hague). This unit deals with the early warning of ethnic conflicts that threaten stability, peace on the continent and friendly relations between the participating States of the CSCE.

A special place in the organizational structure of the Organization for Security and Cooperation in Europe is occupied by Confidence and Security Building Measures. This program was created with the aim of easing tension and strengthening mutual trust on the European continent. Within its framework, such documents were signed as: a) CFE(Treaty on Conventional Armed Forces in Europe), establishing quotas for conventional arms in Europe for contracting parties; Open Skies Treaty, which allows the participating states to exercise mutual control over each other's actions, especially in the field of security. As part of the Confidence and Security Building Measures, the Chairman-in-Office appointed his personal representatives to oversee the implementation of a number of articles of the Dayton Peace Accords. The Court of Conciliation and Arbitration, located in Geneva, was established to resolve conflict situations and disputes between the participating States that signed the Convention on Conciliation and Arbitration internal to the OSCE.

In 2003 the budget of the OSCE amounted to 185.7 million euros and mainly consists of the membership dues of the participating states. About 84 per cent of all funds are spent on military missions and projects carried out by the Organization in the field.

About 370 employees work directly in the OSCE headquarters, and in various missions and projects of this organization - more than 1,000 international employees and 2,000 citizens of those countries on whose territory these missions are carried out.

According to many experts, the CSCE/OSCE has gone through three main stages in its development. At the first stage, priority was given to human rights and cultural cooperation. The "détente" in relations between the USSR and the United States that began in the 1970s made possible multilateral negotiations on the military aspects of security in Europe. It was during this period (1986–1992) that such documents as the CFE Treaty (1990), the Open Skies Treaty (1992), etc. were signed. Then, the collapse of the USSR radically changed the agenda: the CSCE/OSCE began to pay more and more attention to preventive diplomacy, conflict prevention and crisis management, and the promotion of common democratic values ​​outlined in the Charter of Paris for a New Europe. This was primarily due to a change in the very “priority of threats”: while the military confrontation along the East-West line is a thing of the past, the intensity of ethnic conflicts in the Balkans and in the CIS countries has increased dramatically.

The OSCE played a certain peacekeeping role in the first half of the 1990s, but after the failures in Yugoslavia, NATO and then the EU were pushed into the background. Lacking either effective instruments for pursuing a "peace enforcement" policy or the political will to act, the OSCE has been largely replaced by other actors in European security. The general principle of consensus in an organization consisting of 53 states with different interests also did not contribute to increasing the effectiveness of the CSCE/OSCE.

Failures in peacekeeping did not prevent, however, the Organization from returning in the late 1990s to the problem of observance of human rights, fundamental democratic freedoms and common European values, which is currently the main area of ​​activity of this organization. Online materials - OSCE website: http://www.osce.org

Danila Bochkarev

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Over the twenty years of its existence, the Conference on Security and Cooperation in Europe (CSCE) as an international legal institution has evolved from an international conference - a mechanism for multilateral interstate negotiations and consultations held in the form of regular meetings - to an international organization - the Organization for Security and Cooperation in Europe ( OSCE).

As an international conference, the CSCE was held in accordance with the rules traditionally established in the practice of such meetings, as well as its own rules of procedure. The following provisions became important elements of this procedure: The meeting is held "outside of military alliances"; States participate in the Conference "in full equality"; decisions of the Meeting are taken by consensus, which is defined as "the absence of any objection expressed by any representative and put forward by him as representing an obstacle to a decision on the issue under consideration".

Initially, 35 states were represented at the Meeting, including 33 European ones, as well as the USA and Canada.

As a result of the summit meeting in Helsinki on July 30 - August 1, 1975, the heads of state and government signed the Final Act, which includes a preamble and five sections: "Issues relating to security in Europe", "Cooperation in the field of economics, science and technology and environment", "Questions relating to security and cooperation in the Mediterranean", "Cooperation in humanitarian and other fields", "Further steps after the Meeting".

The most important part of the first section was the "Declaration of principles by which the participating states will be guided in mutual relations", which reproduced and specified the well-known principles of the UN Charter; at the same time, norms on the inviolability of borders, on the territorial integrity of states, on respect for human rights and fundamental freedoms have been elevated to the rank of principles, and provisions have been formulated that determine their content.

This characterizes the Final Act as a source of international law.

In addition, it fixes new for international law norms on confidence-building measures, which include preliminary notifications on military exercises and troop movements, on the invitation of observers, on the exchange of military personnel, including visits by military delegations.

In other sections, recommendations are given on coordinated actions in various areas of cooperation, including legally significant provisions regulating contacts between people, including family reunification and marriages between citizens of different states, the procedure for disseminating and exchanging information, cooperation and exchanges in the field of culture, education.

The participating States declared their determination to "pay due regard to and implement the provisions of the Final Act of the Conference" and "to continue the multilateral process initiated by the Conference", in particular by holding new meetings at various levels. These include the Madrid meeting 1980-1983, the Stockholm conference "on confidence- and security-building measures and disarmament in Europe" 1984-1986, the Vienna meeting 1986-1989, the summit meetings in Paris in November 1990. , in Helsinki in July 1992 and in Budapest in December 1994, in Lisbon in 1996. Within the framework of the Conference, three meetings of the so-called Conference on the Human Dimension of the CSCE were held (including in Moscow in 1991), several meetings experts in the peaceful settlement of disputes.

The act "Charter of Paris for a New Europe" signed as a result of the meeting in Paris on November 21, 1990, the document of the meeting in Helsinki "The Challenge of the Times of Change" dated July 10, 1992 and adopted at the meeting in Prague on January 30-31, 1992, developing its provisions The document on the further development of the institutions and structures of the CSCE marked a fundamentally new stage in the status and activity of the CSCE.

In the Helsinki Document, the heads of state stated that they viewed the CSCE "as a regional agreement in the sense that Chapter VIII of the Charter of the United Nations states it." This status was recognized by the UN General Assembly, which at its 48th session in 1993 granted the CSCE official observer status with the UN.

Adopted at the meeting of heads of state and government in Budapest on December 5-6, 1994, a package of documents - the Political Declaration "Towards a Genuine Partnership in a New Era" and the Budapest Decisions (including "Strengthening the CSCE", "Code of Conduct relating to military Political Aspects of Security", "Human Dimension", "Economic Dimension") - represent the legal basis for the transition to a new stage in the activities of the CSCE as an international organization. The term "regional organization" is not used in official documents; at the same time, as stated in one of the decisions of the Budapest meeting, the participating states will deepen cooperation "as participants in a regional agreement in the sense as defined in Chapter VIII of the UN Charter." By decision of the Budapest meeting, on January 1, 1995, the CSCE was renamed the OSCE - Organization for Security and Cooperation in Europe, the level was increased and the powers of the bodies were expanded. However, the document "Strengthening the CSCE" makes the following comment:

"Renaming the CSCE to the OSCE does not change the nature of our commitments to the CSCE, nor the status of the CSCE and its institutions." Such a statement obviously means continuity. The OSCE does not yet have a coherent founding act. It can be said that the documents of the Paris (1990), Helsinki (1992) and Budapest (1994) meetings temporarily play its role.

The structure of the OSCE is in the process of formation.

Council of Ministers(formerly the Council) is characterized as the central governing body responsible for decision-making. It meets at the level of foreign ministers and appoints a country whose representative will act as OSCE Chairman-in-Office for a year. Within the framework of the Council, a peculiar formation is provided, called the Troika: it includes the current chairman, the minister who performed this function in the previous year, and the minister who will become the current chairman in the next year. .

Governing Council replaced the Committee of Senior Officials that existed for several years, which performed such duties as preparing meetings of the Council, implementing its decisions, coordinating the activities of the subsidiary bodies. Its competence also included consideration of issues in the event of critical situations and the use of a peaceful settlement mechanism, and, if necessary, making decisions on the conduct of CSCE peacekeeping operations. Obviously, the Governing Council will perform similar functions. As stated in the decision of the Budapest meeting, it "will discuss and formulate guiding principles of a political and general budgetary nature", and will also be convened as an Economic Forum. Meetings of this Council at the level of senior officials of the Ministries of Foreign Affairs are held in Prague at least twice a year.

permanent council(previously Standing Committee) is defined as the main body for political consultation and current decision-making, as well as for dealing with emergencies. It is composed of permanent representatives of the participating states. Meetings are held in Vienna.

Secretariat provides organizational and technical services for the meetings of these main bodies, manages documentation and archives, publishes documents. The Secretary General, whose position was established in 1992, participates in coordinating the activities of various bodies, assists the current chairman, and takes part in Troika meetings at the ministerial level.

Within the framework of the OSCE, there are also the Office for Democratic Institutions and Human Rights, the office of the High Commissioner on National Minorities, and the Parliamentary Assembly.

European Union

This organization of Western countries acquired this name in 1993, having gone through a long path of development and reorganization of European communities.

The European Communities (EC) were united by three international organizations: the European Coal and Steel Community (ECSC), the European Atomic Energy Community (Euratom), and the European Economic Community (EEC).

The dominant position in terms of its functions and real significance was occupied by the EEC, whose task was to form a common market through the gradual abolition of customs duties and quantitative restrictions on the import and export of goods, the free movement of labor, capital and services, and the coordination of economic, social, monetary and investment policies.

In 1965, an agreement was signed on the merger of the communities and unified governing and executive bodies were created.

The initial members of the communities were six states - France, Italy, Germany, Belgium, the Netherlands, Luxembourg, in subsequent years, Denmark, Ireland, Great Britain, Greece, Portugal, Spain, Austria, Finland, Sweden.

The European Communities (often used in the singular "European Community") have become an important factor not only in European but also in global international relations. Initially, the core competencies of the EU extended to trade, agriculture and competition regulation. A significant revision of the original Treaty of Rome was undertaken in 1986 with the adoption of the Single European Act, which stimulated two important processes: the development, along with economic integration, of political cooperation and a common foreign policy, and the introduction of the principle of a qualified majority (rather than unanimity) in the adoption of EU acts. Gradually, the law of the European Communities emerged as an independent legal system.

The long process of improvement of the European Communities ended with the signing on February 7, 1992 of the Treaty on the European Union (Maastricht, the Netherlands). By October 1993, all member countries had ratified it. On November 1, 1993, the Treaty entered into force, the European Union acquired legal status (the name "European Communities" is retained).

The EU has become the largest integration association, virtually unparalleled. This is an international organization, but the Union differs from existing organizations in that it has become not a coordinating, but a supranational organization: EU law takes precedence over national law, and its subjects are not only states, but also individuals and legal entities; decisions of the Union have direct effect on the territory of the Member States; its power is independent of states, EU officials and members of the European Parliament do not represent states, but peoples; the possibility of independent expansion by the Union of the powers of its bodies is assumed.

Member countries gave up part of their sovereign rights in order to create supranational structures and powers, rose to a new level of cooperation: from coordination of actions to a common common policy. The key points of the new EU strategy are the construction of an economic and monetary union, a common foreign policy and defense, cooperation in the field of justice and home affairs, the establishment of a single citizenship.

The creation of an economic and monetary union goes through three stages. At the first stage (even before the signing of the Maastricht Treaty), the liberalization of the movement of capital within the Union, the completion of the formation of a single market, and the development of measures to converge macroeconomic indicators should be ensured. The second stage (until the end of 1998) is the establishment of the European Monetary Institute, the development of the basis of the European System of Central Banks, headed by the European Central Bank (ECB), multilateral control over their observance. The third stage should be completed by the middle of 2002 with the start of the functioning of the ECB, the implementation of a common monetary policy, the introduction of the European currency into non-cash, and then into cash circulation.

The political union covers a common foreign and security policy, justice and internal affairs. Politics and security are aimed at ensuring the common European values ​​and fundamental interests of the EU by coordinating positions and joint actions, including those of a military nature. Justice and internal affairs include a wide range of issues from the right to travel, the introduction of common passports to cooperation between courts in criminal cases.

The agreement provides for the introduction of a single EU citizenship, which is also unknown, not a single international organization. This is accompanied by the consolidation of certain political rights, in particular electoral ones. Every citizen residing in another Member State of the Union has the right to elect and be elected in municipal elections and elections to the European Parliament.

The organs of the EU are the European Council, the Council of Ministers, the Commission, the European Parliament, the Court.

European Council - the highest body of the Union - represents the periodic meetings of the heads of state and government, at which the general principles of the policy of the Union are agreed. Council of Ministers- these are monthly meetings of ministers on relevant issues (separately - the ministers of foreign affairs, economy and finance, agriculture). EU Commission - the main executive permanent body of the Union, coordinating and supervising the implementation of EU policy, with the right to issue binding directives. The Chairman of the Commission and its members have a 4-year term of office. The apparatus includes 23 general directorates, which are, as it were, small ministries. European Parliament includes 518 deputies directly elected by the entire adult population of the EU countries for 5 years. Previously, the parliament was an advisory body, now it is endowed with real legislative and control powers and is involved in decision-making in such important areas as legislative, financial, and foreign policy. Among the new functions are the appointment of an ombudsman, the acceptance of petitions, the creation of committees of inquiry.

Court of Justice(13 judges and 6 advocates general) has the powers of the supreme judicial authority in the area of ​​EU jurisdiction. It is authorized to assess the legitimacy of the actions of the institutions of the Union and the governments of the Member States in the interpretation and implementation of the treaty norms of the Union. The Court resolves disputes (in specific cases) between EU member states and between them and EU bodies. He is also competent in the field of legal assessment of acts of EU bodies.

The European Union is an independent subject of international law. It develops extensive international relations with other organizations, with states, is a party to agreements, has more than 100 foreign representations, including in the Russian Federation. On June 24, 1994, the Partnership and Cooperation Agreement was signed on the island of Corfu, establishing a partnership between the Russian Federation, on the one hand, and the European Communities and their Member States, on the other hand.

Council of Europe

The Council of Europe as a regional international organization has existed since 1949. It was founded by ten Western European states, and currently covers almost the entire European space. 40 states are members of the Council of Europe, including the Russian Federation since February 28, 1996.

The founding documents of this organization are the Charter of the Council of Europe of May 5, 1949 and the General Agreement on the Privileges and Immunities of the Council of Europe of September 2, 1949.

Russia's accession to the Council of Europe was preceded by certain measures, which included both the accession of the Russian Federation to a number of European conventions that do not condition participation in them with membership in the Council of Europe, and a set of measures approved by the order of the President of the Russian Federation of February 13, 1996. A few days earlier, 25 January 1996, the Parliamentary Assembly of the Council of Europe considered the application of Russia, filed on May 7, 1992, recommended the Committee of Ministers to invite the Russian Federation to become a member of the Council of Europe, accompanying the invitation, formulated in the form of Conclusion No. 193 (1996), with wishes in the form of 25 points , which were designated as obligations assumed by Russia. The procedure for the accession of the Russian Federation to the Statute of the Council of Europe and the General Agreement on the Privileges and Immunities of the Council of Europe took only 4 days: the relevant federal laws on accession were adopted by the State Duma on February 21, approved by the Federation Council on February 22, signed by the President of the Russian Federation on February 23, entered into force February 24, 1996

The official reception at a ceremony in Strasbourg on February 28, 1996 was accompanied by the signing of a number of European conventions on behalf of the Russian Federation.

According to the Charter, "the aim of the Council of Europe is to achieve greater unity among its members in order to protect and implement the ideals and principles that are their common heritage and to promote their economic and social progress" (Art. 1). In accordance with Art. 3 each member of the Council shall recognize the principle of the rule of law and ensure to all persons under its jurisdiction the enjoyment of rights and fundamental freedoms.

Cooperation to achieve this goal includes the conclusion and implementation of conventions, protocols and agreements, the number of which has reached 170. Traditionally, they are referred to as European conventions, which are dedicated to human rights, education, culture, health, social security, sports, development of civil, environmental, administrative law , criminal law and process. .These include the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), along with eleven protocols that supplement or modify certain provisions of it, the European Social Charter (1961, revised in 1996), the European Convention on Nationality (1998 d.), European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), Framework Convention for the Protection of National Minorities (1995), European Charter of Local Self-Government (1985), a number of acts of criminal law and of a procedural nature - on extradition (1957), on mutual assistance in criminal cases (1959), on the transfer of proceedings in criminal cases (1972), on the transfer of convicted persons (1983), on compensation for victims of violent crimes (1983), on laundering, detection, seizure and confiscation of proceeds of crime (1990)*.

* Texts of a number of conventions and review materials, see: Law of the Council of Europe and Russia (collection of documents and materials). Krasnodar, 1986; Russian legal journal. 1997. No. 1, 3.

Bodies of the Council of Europe:

Committee of Ministers consisting of the ministers of foreign affairs of the member states or other members of the governments. The committee adopts opinions on matters under consideration in the form of recommendations to governments. On certain issues, its decisions are binding.

Parliamentary Assembly*, which includes representatives of each member state, elected (appointed) from its parliament. Different representation is provided: from Germany, Great Britain, France, Italy, Russia - 18 each, from Spain, Turkey, Ukraine - 12 each, from Greece, Belgium, etc. - 7 each, from Austria, Bulgaria, etc. - 6 each, from the rest - 5, 4, 3, 2 representatives each. The Assembly is an advisory body that makes recommendations to the Committee of Ministers.

* Originally called the Consultative Assembly.

Congress of Local and Regional Authorities of Europe, representing the relevant bodies of the Member States and including delegations from territorial entities (according to quotas established for the Parliamentary Assembly). His work takes place in the Chamber of Local Authorities and the Chamber of Regions.

Secretariat, which is an administrative body of the Council of Europe and headed by the Secretary General (elected by the Parliamentary Assembly for 5 years).

The Convention for the Protection of Human Rights and Fundamental Freedoms provided for the creation of two special bodies - the European Commission on Human Rights and the European Court of Human Rights. All member states of the Council of Europe were represented both in the Commission and in the Court. Protocol No. 11 to the Convention reorganized - replacing the Commission and the Court with a single permanent body - the European Court of Human Rights (see § 6 Chapter 10).

The headquarters of the Council of Europe is located in Strasbourg (France). The Permanent Mission of the Russian Federation is accredited at the headquarters. The official languages ​​are English and French. A translation of a convention or other document into a language not recognized as official is called a version (for example, a translation into Russian is called the Russian version). However, in relation to a text that has passed the ratification procedure in the highest body of the state and is published in an official publication, the term "official translation" is used. Such an explanation is given when the Statute of the Council of Europe, the General Agreement on Privileges and Immunities of the Convention for the Protection of Human Rights and Fundamental Freedoms and other acts are published in the Collection of Legislation of the Russian Federation.

The Interdepartmental Commission of the Russian Federation for Council of Europe Affairs has been established as a coordinating body.