Outsourcing in the armed forces of the Russian Federation. Outsourcing in the Russian army

outsourcing agreement legalization license

During the modernization of the Armed Forces, non-traditional functions were transferred from military units to other organizations and enterprises. To date, the most common form of outsourcing in the Armed Forces of the Russian Federation is the transfer of military units to third-party organizations following functions: catering for personnel; bath and laundry service; storage and refreshment of inventories; implementation of intra-garrison transportation of military cargo and military personnel; refueling military equipment fuel; loading and unloading operations; bakery; commercial and consumer services; dry cleaning and repair of uniforms and footwear; operation of buildings and structures; maintenance and cleaning of the territory and office premises; garbage removal; protection of individual objects of the military unit; organization of subscriptions to periodicals, delivery of periodicals and postal items.

Outsourcing allows a military organization to reduce costs and significantly reduce the labor intensity and costs for the implementation of economic, support functions and concentrate on the main tasks (maintaining the proper level of combat readiness and combat capability of a military unit, increasing the combat skills of personnel, etc.), without being distracted by auxiliary ones.

The benefits of outsourcing include:

- release of the internal resources of the military organization for the implementation of its main goals (a synergistic effect is possible);
- improving the quality of products and services received;
- the use by the performer of specialized equipment, special knowledge and technologies that the military unit does not have;
- the use of competition in the market of performers, when it is possible to conclude a contract for the provision of services by outsourcing with the most favorable conditions for a military organization;
- separation and partial transfer to another organization with which the contract is concluded, the risks of economic activity.

At the same time, the use of outsourcing in the Armed Forces of the Russian Federation may be accompanied by negative phenomena:

a) the level of professionalism of the employees of the outsourcing company - outsourcer (both the contractor and his manager) may be insufficient to perform work or provide services at the proper level;
b) insufficiency of the military unit's levers of controlling, managing influence on the organization supplying services, which can lead to a decrease in the quality of services and an increase in costs;
c) the presence of risks of violation of the safety of military property, security and leakage of information of a confidential nature and information constituting a state secret, due to the granting of the right of access to third-party organizations and their representatives to the territory of military facilities, to documents, to information and material values military organizations;
d) difficulty, and often inability to use this method provision of services outside the place of permanent deployment of the military unit, during the period of exercises, ships going to sea, performance of combat training and combat missions by the military unit, as well as in military units stationed in remote, sparsely populated areas where there are no civilian structures, with by which appropriate agreements could be concluded.

Relations between the organization - the recipient of services and the organization - the supplier of these services (outsourcer) arise on the basis of an outsourcing agreement, which in the scientific literature is understood as an agreement as a result of which one party (customer) transfers its functions or activities (production, service, information, financial, managerial, etc.) or business processes (organizational, financial and economic, production and technological, marketing, etc.) to another party (outsourcer) that has the necessary qualified personnel (resources) to participate in manufacturing process, production management or to perform other tasks related to the production and (or) sale of the customer's goods. It is a mutually binding, compensatory, lasting contract. Its peculiarity is that the actions of the obligated person are individualized by clarifying the characteristics of both the activity (actions) of the outsourcer’s personnel and its professional qualities(presence of special education, activity profile, work experience, etc.).

The concept of outsourcing comes down to three main principles:

1) everyone should do their own thing and be able to concentrate only on it;
2) the solution of related and secondary tasks should be entrusted to someone who can cope with them more efficiently;
3) such distribution of work saves the customer's money and brings income to the contractor (outsourcer).

Thus, in order to optimize outsourcing, Russian and foreign experience should be considered.

Over the past few years, the term "outsourcing" has become quite widespread in Russian market services, being a relatively new mechanism for business development. The essence of this concept lies in operations for the transfer of non-core functions or business processes to an external organization that has the necessary resources for this, on the basis of a long-term agreement. At the same time, there is a non-core nature for the customer company of the functions transferred to outsourcing, because how to transfer to the outsourcer your main strategic functions or business processes is almost always an impractical solution.

From a legal point of view, outsourcing is a contract for the provision of a certain type of service by a contractor who has the necessary resources for this, on the basis of a long-term agreement, which undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activity), and the customer undertakes to pay for these services in a timely manner. In many cases, the provision of outsourcing services is regulated by the rules of the contract. paid provision services (Chapter 39 of the Civil Code of the Russian Federation), according to which the contractor (organization - outsourcer) undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (clause 1 of Article 779 of the Civil Code of the Russian Federation).

The difficulty in the legal implementation of the agreement on the provision of outsourcing services lies primarily in its novelty in the Russian market of services, insufficiently detailed study, as well as the diversity of this agreement.

There are many theories and systems legal regulation civil law relations. However, according to experts, the most rational for such a case would be a four-level system of regulatory regulation of activities for the provision of outsourcing services, similar to the one considered by P.I. Kamyshanov in relation to audit activity. Each level should have certain types of documents, the scope of regulation and the degree of their development.

The first (upper) level should include a law on outsourcing (activities for the provision of outsourcing services), which would be related to the main legislative acts. It would determine the entire procedure for the conclusion and execution of the contract. At present, this is a particularly important component for Russian legislation, since the outsourcing institution is already gaining ground in our country, which, in the absence of appropriate regulatory regulation, creates additional difficulties for the participants in these legal relations.

The documents of the second level regulating the activities for the provision of outsourcing services will have to include federal regulations(standards), as well as legislative and by-laws. They would determine the general issues of regulation of activities for the provision of outsourcing services, mandatory for market entities.

The third level will have to cover the internal standards of companies providing outsourcing services, as well as regulations of ministries and departments that establish rules for organizing outsourcing services and the use of outsourcing in specific industries.

The fourth level of documents regulating the activity of providing outsourcing services should be internal standards for such activities, which would be developed by outsourcing service providers on the basis of federal rules (standards) and outsourcing practice. The content and form of such documents would be the prerogative of organizations providing outsourcing services, their know-how. These standards would determine the quality of work and the prestige of outsourcing service providers.

An alternative solution to this problem may be the inclusion in the Civil Code of the Russian Federation of certain rules governing the process of providing outsourcing services.

Legalization of the system for providing services under an outsourcing agreement in Russia to present moment acquired an urgent need, which is associated with the rapid development of this type of service in our country. And how such legalization will take place is the prerogative of the legislative bodies. In this case, there may be several options: to adopt a special regulatory legal act or to make appropriate changes to the current legislation. At the same time, one can find legal form for the current outsourcing model, or provide guarantees for agency workers and share responsibility for compliance labor rights workers between the real and formal employer. The second option creates a certain system of protection of workers and their labor rights. However, providing employees with guarantees for the protection of their labor rights will deprive agency work of attractiveness, since the idea of using it is based on the employer's desire to minimize its obligations to employees.

The law does not regulate the procedure for registering outsourcing firms. According to lawyers, outsourcing firms should be registered as organizations created for the purpose of entrepreneurial activity, namely the provision of outsourcing services, and may have any organizational and legal form of a commercial nature, provided for by the legislation of the Russian Federation.

However, outsourcing services must be licensed (of course, not all, but those that require a license in accordance with the Law), since the implementation of certain areas (IT outsourcing) of this type of activity, under certain circumstances, may entail damage not only the rights and legitimate interests of citizens, but also the defense and security of the state, which is exactly what is said in Art. 4 (criteria for determining licensed types of activities) of the Federal Law "On Licensing Certain Types of Activities". In addition, in Art. 17 of the aforementioned Law defines a list of activities for which licenses are required. In accordance with paragraph 11 of part 1 of this article, one of the licensed activities includes the technical protection of confidential information (which may just be outsourcing). Since outsourcing covers many areas of activity, this is not the only example of the fact that outsourcing services can be licensed.

Thus, according to experts, an outsourcing organization must have a license to carry out those types of activities that are subject to licensing in accordance with the provisions of the Law on Licensing.

Since the procedure for obtaining a license for outsourcing activities is not defined in the Law, as well as, in fact, other aspects of this activity, we will try to briefly outline the main provisions on how such licensing can be carried out. The federal executive body that could license outsourcing services may be the Ministry of Finance of the Russian Federation, and in the case of licensing IT outsourcing - federal Service for technical and export control. The license will have to be issued for a period of at least 5 years, as set out in Art. 8 of the Federal Law "On Licensing Certain Types of Activities". However, the term of this license can be extended at the request of the licensee an unlimited number of times. Also, for the implementation of outsourcing activities, special forms of license forms should be established, where all the necessary details should be indicated, namely: license number, legal form and name of the outsourcing organization, location of the outsourcing organization according to the constituent documents, if necessary, other information about the outsourcing organization (for example, a specific area of outsourcing activities). Also, the license form for the provision of outsourcing services must contain a phrase with the following content: "It is allowed to carry out activities for the provision of outsourcing services for five years from the specified date of the decision to grant this license", after which there must be a signature of the authorized person to issue such person's license, as well as information about the renewal of the license.

In addition, the Government of the Russian Federation must approve a resolution on licensing activities for the provision of outsourcing services, which will specify the requirements for an outsourcing organization. In our opinion, these requirements should include the following:

1) the organization-outsourcer has the appropriate qualified personnel in sufficient quantity;
2) carrying out entrepreneurial activities only in the form of outsourcing services and only in a specific area of outsourcing;
3) ensuring the safety of information constituting a commercial secret, except for cases provided for by the legislation of the Russian Federation.

To obtain a license, the license applicant will have to send or submit to the licensing authority the following documents:

an application for a license and documents (copies of documents), which are specified in paragraph 1 of Art. 9 of the Federal Law "On Licensing Certain Types of Activities";

copies of documents confirming the qualifications of specialists in a particular chosen field of activity (diplomas, certificates).

The licensing authority, as expected, should be given the right to check the activities of licensees (organizations-outsourcers) for compliance with licensing requirements. The grounds for conducting such audits of outsourcing organizations may be the following:

order of an authorized official of the licensing authority;

inspection plan approved by the licensing authority;

appeals and complaints of customers of outsourcing services;

appeals law enforcement on the assumption by the licensee in the implementation of outsourcing activities by him of violation of the law.

If violations of legislative acts are detected during the inspection of controlled objects, the outsourcer must promptly warn the client about the illegality of his actions and their possible adverse consequences. However, the outsourcer must do everything to prevent violations of legislative acts by the client, compliance with which is checked and controlled by an authorized entity.

Since the outsourcing agreement has a large number of positive factors that affect the process of the will of the customer when concluding an agreement on the provision of outsourcing services and forming its content, this undoubtedly dictates a further need legislative regulation relations arising from contracts for the provision of outsourcing services. In this regard, it is necessary to develop legal norms that are directly intended to regulate legal relations under such an actual agreement in our time as an agreement on the provision of outsourcing services. In our opinion, such legal norms, first of all, should include the law on outsourcing (activities for the provision of outsourcing services), which would refer to the main legislative acts that determine the entire procedure for concluding and executing a contract. Also, federal rules (standards), legislative and by-laws that would define general issues of regulation of activities for the provision of outsourcing services, binding on market entities, regulations of ministries and departments that establish rules for organizing activities for the provision of outsourcing services and the use of outsourcing in specific industries.

Thus, in modern conditions, there is a need for legal regulation in the field of outsourcing. Based modern requirements to the organization of entrepreneurship and business in Russia, it is necessary to take into account emerging requirements and requests legal entities in the field of outsourcing.

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Introduction

outsourcing agreement legalization license

During the modernization of the Armed Forces, non-traditional functions were transferred from military units to other organizations and enterprises. To date, the most common form of outsourcing in the Armed Forces of the Russian Federation is the transfer by military units to third-party organizations of the following functions: catering for personnel; bath and laundry service; storage and refreshment of inventories; implementation of intra-garrison transportation of military cargo and military personnel; refueling of military equipment with fuel; loading and unloading operations; bakery; commercial and consumer services; dry cleaning and repair of uniforms and footwear; operation of buildings and structures; maintenance and cleaning of the territory and office premises; garbage removal; protection of individual objects of the military unit; organization of subscriptions to periodicals, delivery of periodicals and postal items.

The benefits of outsourcing include:

Release of the internal resources of the military organization for the implementation of its main goals (a synergistic effect is possible);

Improving the quality of products and services received;

The use by the performer of specialized equipment, special knowledge and technologies that the military unit does not have;

The use of competition in the market of performers, when it is possible to conclude a contract for the provision of services by outsourcing with the most favorable conditions for the military organization;

Separation and partial transfer to another organization with which the contract is concluded, the risks of economic activity.

At the same time, the use of outsourcing in the Armed Forces of the Russian Federation may be accompanied by negative phenomena:

a) the level of professionalism of the employees of the outsourcing company - outsourcer (both the contractor and his manager) may be insufficient to perform work or provide services at the proper level;

b) insufficiency of the military unit's levers of controlling, managing influence on the organization supplying services, which can lead to a decrease in the quality of services and an increase in costs;

c) the presence of risks of violation of the safety of military property, security and leakage of information of a confidential nature and information constituting a state secret, as a result of granting the right of access to third-party organizations and their representatives to the territory of military facilities, to documents, information and material values of military organizations;

d) the difficulty, and often the impossibility of using this method of providing services outside the place of permanent deployment of the military unit, during the period of exercises, ships going to sea, the military unit performing combat training and combat missions, as well as in military units stationed in remote, sparsely populated areas , where there are no civil structures with which it would be possible to conclude relevant agreements.

Relations between the organization - the recipient of services and the organization - the supplier of these services (outsourcer) arise on the basis of an outsourcing agreement, which in the scientific literature is understood as an agreement as a result of which one party (customer) transfers its functions or activities (production, service, informational, financial, managerial, etc.) or business processes (organizational, financial and economic, production and technological, marketing, etc.) to another party (outsourcer) that has the necessary qualified personnel (resources) to participate in the production process , production management or to perform other tasks related to the production and (or) sale of the customer's goods. It is a mutually binding, compensatory, lasting contract. Its peculiarity is that the actions of the obligated person are individualized by clarifying the characteristics of both the activity (actions) of the outsourcer's personnel and their professional qualities (presence of special education, activity profile, work experience, etc.).

The concept of outsourcing comes down to three main principles:

1) everyone should do their own thing and be able to concentrate only on it;

2) the solution of related and secondary tasks should be entrusted to someone who can cope with them more efficiently;

3) such distribution of work saves the customer's money and brings income to the contractor (outsourcer).

Thus, in order to optimize outsourcing, Russian and foreign experience should be considered.

Over the past few years, the term "outsourcing" has become quite widespread in the Russian market of services, being a relatively new mechanism for business development. The essence of this concept lies in operations for the transfer of non-core functions or business processes to an external organization that has the necessary resources for this, on the basis of a long-term agreement. At the same time, there is a non-core nature for the customer company of the functions transferred to outsourcing, because it is almost always an inappropriate decision to transfer your main strategic functions or business processes to an outsourcer.

From a legal point of view, outsourcing is an agreement on the provision of a certain type of service by a contractor that has the necessary resources for this, on the basis of a long-term agreement, which undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services in a timely manner. In many cases, the provision of outsourcing services is regulated by the rules of the contract for the provision of services (Chapter 39 of the Civil Code of the Russian Federation), according to which the contractor (organization - outsourcer) undertakes to provide services on the instructions of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (Clause 1, Article 779 of the Civil Code of the Russian Federation).

There are many theories and systems of legal regulation of civil law relations. However, according to experts, the most rational for such a case would be a four-level system of regulatory regulation of activities for the provision of outsourcing services, similar to the one considered by P.I. Kamyshanov in relation to audit activity. Each level should have certain types of documents, the scope of regulation and the degree of their development.

The documents of the second level, regulating the activity of providing outsourcing services, will have to include federal rules (standards), as well as legislative and by-laws. They would determine the general issues of regulation of activities for the provision of outsourcing services, mandatory for market entities.

An alternative solution to this problem may be the inclusion in the Civil Code of the Russian Federation of certain rules governing the process of providing outsourcing services.

The legalization of the system for providing services under an outsourcing agreement in Russia has acquired an urgent need by now, which is associated with the rapid development of this type of service in our country. And how such legalization will take place is the prerogative of the legislative bodies. In this case, there may be several options: to adopt a special regulatory legal act or to make appropriate changes to the current legislation. At the same time, it is possible to find a legal form for the outsourcing model that currently exists, or to provide guarantees for agency workers and share responsibility for observing the labor rights of workers between the real and formal employers. The second option creates a certain system of protection of workers and their labor rights. However, providing employees with guarantees for the protection of their labor rights will deprive agency work of attractiveness, since the idea of using it is based on the employer's desire to minimize its obligations to employees.

The law does not regulate the procedure for registering outsourcing firms. According to lawyers, outsourcing firms should be registered as organizations created for the purpose of carrying out entrepreneurial activities, namely the provision of outsourcing services, and may have any organizational and legal form of a commercial nature provided for by the legislation of the Russian Federation.

Since the procedure for obtaining a license for outsourcing activities is not defined in the Law, as well as, in fact, other aspects of this activity, we will try to briefly outline the main provisions on how such licensing can be carried out. The federal executive body that could license outsourcing services may be the Ministry of Finance of the Russian Federation, and in the case of licensing IT outsourcing, the Federal Service for Technical and Export Control. The license will have to be issued for a period of at least 5 years, as set out in Art. 8 of the Federal Law "On Licensing Certain Types of Activities". However, the term of this license can be extended at the request of the licensee an unlimited number of times. Also, for the implementation of outsourcing activities, special forms of license forms should be established, where all the necessary details should be indicated, namely: license number, legal form and name of the outsourcing organization, location of the outsourcing organization according to the constituent documents, if necessary, other information about the outsourcing organization (for example, a specific area of outsourcing activities). Also, the license form for the provision of outsourcing services must contain a phrase with the following content: "It is allowed to carry out activities for the provision of outsourcing services for five years from the specified date of the decision to grant this license", after which there must be a signature of the authorized person to issue such person's license, as well as information about the renewal of the license.

1) the organization-outsourcer has the appropriate qualification personnel in sufficient quantity;

2) carrying out entrepreneurial activities only in the form of outsourcing services and only in a specific area of outsourcing;

3) ensuring the safety of information constituting a commercial secret, except for cases provided for by the legislation of the Russian Federation.

To obtain a license, the license applicant will have to send or submit to the licensing authority the following documents:

an application for a license and documents (copies of documents), which are specified in paragraph 1 of Art. 9 of the Federal Law "On Licensing Certain Types of Activities";

copies of documents confirming the qualifications of specialists in a particular chosen field of activity (diplomas, certificates).

order of an authorized official of the licensing authority;

inspection plan approved by the licensing authority;

appeals and complaints of customers of outsourcing services;

appeals of law enforcement agencies to allow the licensee to violate the law when carrying out outsourcing activities.

Since the outsourcing contract has a large number of positive factors that affect the process of the will of the customer when concluding an agreement on the provision of outsourcing services and the formation of its content, this undoubtedly dictates the further need for legislative regulation of relations arising from contracts for the provision of outsourcing services. In this regard, it is necessary to develop legal norms that are directly intended to regulate legal relations under such an actual agreement in our time as an agreement on the provision of outsourcing services. In our opinion, such legal norms, first of all, should include the law on outsourcing (activities for the provision of outsourcing services), which would refer to the main legislative acts that determine the entire procedure for concluding and executing a contract. Also, federal rules (standards), legislative and by-laws that would define general issues of regulation of activities for the provision of outsourcing services, binding on market entities, regulations of ministries and departments that establish rules for organizing activities for the provision of outsourcing services and the use of outsourcing in specific industries.

Thus, in modern conditions, there is a need for legal regulation in the field of outsourcing. Based on modern requirements for the organization of entrepreneurship and business in Russia, it is necessary to take into account the emerging requirements and requests of legal entities in the field of outsourcing.

1. Experience of using private military companies abroad

In modern international peacekeeping operations, private military companies (PMCs), along with contingents of national armed forces, become equal legal entities. According to the conclusions of American experts, private companies of this type will eventually play an increasing role in military conflicts, which is confirmed by the experience of waging wars in Iraq and Afghanistan, where PMCs largely take over the functions of the army and police, as well as in the former Yugoslavia : in Croatia (1991-1995), Bosnia and Herzegovina (1992-1995), Kosovo and Metohija (1998-1999) and regions of Southern Serbia and Western Macedonia (2000-2001).

PMCs are like small firms, and large commercial corporations offering consulting and other specialized services related to solving problems in conditions of wars and conflicts. They first appeared during World War II, but the geopolitical changes that took place in the armies of many countries after the end of the Cold War led to the rapid development of the private military industry. Currently, there are over 3,000 such companies that offer their services in more than 60 countries around the world.

Since the early 1990s, PMCs have become respectable and profitable business. They are quite active in Africa, for example in Sierra Leone, Liberia and Angola. There are some 90 private "security firms" operating on the Black Continent, 80 of which work in Angola, where they guard Western oil and mining companies. The Angolan government itself requires them to ensure their own security, which makes it possible for PMCs to work on completely legal grounds and maintain small private armies armed with aircraft and heavy military equipment. Many firms that specialize in the protection of personnel and property and do not participate in hostilities prefer to call themselves private security companies. However, when these functions are carried out during armed conflicts, it becomes difficult to distinguish between a combat function and a security one.

The wars in Afghanistan and Iraq contributed to the growth in the number of companies that received contracts directly from the ministries and departments of the US and the UK, UN agencies (UNICEF, UNHCR, UNDP), the World Health Organization (World Health Organization). Along with this, contracts were provided by the new governments of Afghanistan and Iraq, Western companies engaged in various activities, primarily in the field of oil production, transport, energy and water supply. States, international and non-governmental organizations, humanitarian and development agencies, and even individual individuals can enter into contracts with PMCs to receive military services. In addition, large companies often resorted to using the services of other similar firms on a contract basis.

Private military companies have no problem hiring employees. Thus, the level of salaries for employees of Executive Outcomes (South Africa, liquidated in 1998) for officers was 2-3 thousand US dollars per month, depending on experience and the region where they had to operate, instructors - 2.5 thousand, pilots - up to 7 thousand. In addition, all of them were provided with insurance. The annual income of this company, according to official figures, ranged from 25 to 40 million dollars. It was quite popular among such companies to employ veterans of the Foreign Legion, although in Iraq they had to experience certain difficulties in finding employment due to the well-known policy of France. However, the French Groupe ENC was able to enter this market using, above all, former legionnaires.

One of the largest and successful companies in this service delivery market is the American MPRI. Along with others, it has long been acting on behalf of its states, as well as in accordance with a UN mandate. Moreover, the White House is taking active political and diplomatic steps to ensure the safety of its citizens, even when they, acting in the interests of the United States, violate international agreements. PMC employees are professionals who solve operational and combat tasks in the interests of those who pay for their services.

This work is carried out under the very close control of Western intelligence agencies, primarily American and British. In addition, on their own, private companies are often unable to resist a well-armed enemy and enlist the support of army units, and especially special forces, in advance. This is facilitated by the fact that preference in employment is given to veterans of the special forces (SSN). Often active servicemen of the SSN are also attracted to such organizations, who take vacations especially for this. In private companies, they receive from 200 to 1000 (sometimes more) dollars a day, while in the US Army the salary of soldiers and sergeants is from 1000 to 4000 dollars a month.

PMCs can offer their services in high-tech areas where the armed forces are unable to afford training or provide them with attractive career opportunities. In other cases, these companies compensate for the absence of certain military units. For example, thanks to the signing of a contract with the Israeli firm Levdan, the president of Congo-Brazzaville managed to remove the military bloc loyal to the previous president.

Other structures use PMCs to help themselves in performing functions in a dangerous environment. Some experts believe that private military companies could potentially be useful to the UN and others international organizations, since their deployment causes much less political tension than the deployment of any national military units under the auspices of this organization.

Currently, there is a vast market for the services that PMCs provide; - recruitment and management of personnel for the American contingent of international police missions (DynCorp); - security of Baghdad airport (Custer Battles); - protection of oil fields and pipelines (XE Services, Erinys Iraq Limited);- protection of the energy system of Iraq (Hart Group);- protection of the US embassies and the President of Afghanistan (Triple Canopy Inc.); - escorting UN convoys in Iraq and Afghanistan (Kroll); - training of the Iraqi armies (Military Professional Resources, Inc.) and Saudi Arabia(Vinnell Corporation); - provision of military interpreter services (CACI); - control of prisons in Iraq and Afghanistan (Titan Corporation); - minefield clearance and destruction of unexploded ordnance (RONCO, MAG, VASTEC, Armor Group, Minetech, EODT); fire protection (Group 4 Falck); - logistic supply of troops (KBR); - air reconnaissance (AirScan Inc., Eagle Aviation Services & Technology Inc.); - protection of ships from pirates (Global Marine Security Systems).

It should be noted that governments can use PMCs to bypass restrictions imposed by existing control mechanisms (for example, legislative limits on the number of military personnel sent abroad). In many countries, PMCs are not required to report on the scope of their activities or items of their expenditures. Their employees are also generally not required to submit to military discipline or be trained to act in accordance with the laws of armed conflict. What's more, companies can easily go out of business, making it difficult to find out where their employees are in cases of law violations.

Presumably, PMCs are more cost effective than regular military units. This is based on the following arguments:

Private companies can hire workers whose salaries are noticeably less than those of similar specialists in the regular military;

Governments do not need to provide PMCs with "hidden" benefits such as pensions, health care, housing, etc., which are usually included in the contract of a regular soldier;

Such organizations are able to quickly increase their combat capabilities without requiring additional costs for long-term maintenance of combat readiness or a rapid reduction in military presence;

By performing important non-combat missions, PMCs allow the armed forces to concentrate on the main missions.

Along with this, other arguments should be taken into account: - it is still really difficult to compare the effectiveness of spending on PMCs and regular military units, because the former are paid for services under the contract, and the latter - their performance of official functions in terms of the number of participants in operations;

Employees of these companies often receive education and skills while serving in the national armed forces, from which they then leave in search of better paid jobs in the private sector, and then these skills are effectively used while working in PMCs;

In the normal practice of contracting, when the terms of the contract are fulfilled by several firms, the efficiency of their activities can be significantly reduced, and sometimes the tasks set are not completely fulfilled.

PMCs have operational advantages over regular armed forces. In particular, they are capable of rapid deployment, reduce the tension in society that arises from the use of regular armed forces, and can also be a counterbalance to local military forces in states with weak political institutions.

Along with this, private military companies have many disadvantages in comparison with regular troops:

PMCs, who are more motivated to make a profit than to do their duty, perform a less extensive range of duties than regular military formations;

The management of these companies is not subordinate to the command;

The terms of PMC contracts do not provide for all options for the development of the situation, which reduces the flexibility of their actions in a combat situation and can reduce their combat capability at the most inopportune moment;

The personnel of companies that do not directly participate in hostilities do not have comprehensive training that could, if necessary, significantly increase the combat capability of PMCs;

A decrease in cash payments to PMCs can cause staff turnover, which will lead to a decrease in combat effectiveness, including regular military units.

In all countries where PMCs operate, the legislation governing their activities is not finalized, especially regarding the actions of companies abroad, which leads to insufficient control over them. To solve this problem, it is proposed different approaches in particular the total ban on certain activities. However, there is a point of view according to which PMCs often perform necessary functions in connection with which States often express reluctance to completely abandon such services. In addition, a proposal is being put forward to create an international body regulating the activities of PMCs, which means that countries will give up a complete monopoly on their national armed forces. Other projects involve the development of a convention defining the minimum requirements for supervision and control over the activities of companies, which would include:

A licensing system with an exact list of services provided by PMCs and a requirement for the head of the company to register all incoming orders and all employees working for PMCs;

The minimum required licensing requirements for hiring personnel, to corporate structure, the competencies of the leadership and its policy in relation to the law on military conflicts and the observance of human rights;

Parliamentary and (or) independent control over the activities of PMCs.

It will not be easy to implement such a scheme, but it would help the authorities of countries to regulate the activities of PMCs on their territory. In addition, this would allow them to adapt some of their areas of activity to local conditions and avoid difficulties during the conclusion of international agreements regarding private companies. Careful surveillance by the media and civil society is one of the most effective ways control over the activities of companies. Because of this, many of them began to care more about their own image and became less prone to raw violence. However, this trend is not universal. Other measures for self-regulation of PMC activities, including the voluntary adoption of a code of conduct, which is proposed by the International Association of Peacekeeping Operations commercial enterprises, will help exercise effective control over these organizations .

2. a brief description of private military companies

PMC MPRI (Military Professional Resources Inc.) was founded in 1987 by retired General V. Lewis.

This company, on a completely commercial basis, is engaged in the selection of weapons and their purchase, the provision of advisory assistance in the field of reforming the Armed Forces and command and control, develops concepts and doctrines, solves operational and situational problems, conducts military exercises and humanitarian operations, and supports operations with the participation of rapid reaction forces. MPRI provides its services to the United States government and a number of foreign countries working in close cooperation with state department, the CIA and the Pentagon. At present, the company is managed by generals K. Vuono ( former boss headquarters of the US Armed Forces during the operation in Panama and Operation Desert Storm), E. Soyster (former head of the DIA) and F. Krosen (former commander-in-chief of the US OKVS in Europe).

MPRI has the largest database of military professionals in the US. Employees of the company have repeatedly participated in local wars and conflicts. This was expressed, in particular, in the provision of MPRI military specialists with assistance to the government of Colombia, training the Croatian army and planning military operations in 1995, assisting the government of Liberia and Albanian militants in Macedonia.

In August 1995, the Croatian army carried out a successful operation "Storm" (Storm) to defeat the Serbian "separatists" in Serbian Krajina. It was planned and carried out by MPRI staff. True, later they denied their involvement, since the Croats staged a total ethnic cleansing in the region. The Bosnian Muslims immediately announced that they would sign the Dayton Accords if only the MPRI took over the creation of their army. Not surprisingly, this company continued its work with the so-called Kosovo Liberation Army in Albania (1998-1999) and Macedonia (2000-2001).

Thus, the United States, without officially interfering in the political process, achieved its goals with the help of PMCs. Under the Reserve Officers' Training Program, MPRI staff now work at military colleges as teachers and administrators. They wrote two textbooks for the Pentagon on commercial support military operations.

MPRI is a key vehicle for US policy in Africa. It is currently participating in a number of programs to create a collective rapid reaction force capable of conducting "peacekeeping and humanitarian operations" on the Black Continent. Thus, six countries are involved in the Africa Crisis Response Initiative, and in the future it is planned to entrust this mission to ten states. It is planned to form a joint force of ten battalions, and the Nigerian army will become the basis of this collective force. It is in Nigeria that the MPRI is actively pursuing military reform. In Central Africa, after failing to offer its services to the Republic of the Congo, the MPRI chose Equatorial Guinea as its base.

In Georgia, this company carries out the selection of weapons and their purchase (including the preparation and conduct of transactions), the reform of the Armed Forces, the training of soldiers and sergeants (in particular, at the Camp Yankee base in Kuwait before arriving in Iraq), as well as officers of the joint headquarters, participates in the development of the Georgian military doctrine, plans for military operations in relation to Abkhazia and South Ossetia, teaching aids, programs for the preparation and conduct of exercises.

It should also be taken into account that the Geneva Conventions in this case are not an obstacle for Western private military companies, even when American companies use their personnel in open battles. At the same time, attention is drawn to the fact that when conducting instructor work, it is not forbidden to command trained units during combat operations.

"Blackwater" (Blackwater or "Black Water") - since February 2009, renamed XE Services - a private American security company (in fact, it is a small, but well-armed and trained private army numbering, according to some estimates, up to 21 thousand people) .

The founder of the company is a former US Navy special forces officer E. Prince. The firm was founded in 1996, and its training centers are located in the states of New York, Illinois. XE is headquartered in North Carolina.

Immediately after the fall of the S. Hussein regime, Blackwater appeared in Iraq. Since 2003, she has performed the function of protecting the head of the Iraqi civil administration, P. Bremer. The actions of the company's employees in this country caused significant damage to its reputation, as a result of which in 2009 its founder E. Prince stepped down as CEO.

The company employs 987 people in Iraq. In 2001, the amount of annual Blackwater contracts did not reach a million dollars, and by 2007 it exceeded a billion.

The American private military company Cubic Application International (CAI) is cooperating with the Defense Ministry and the joint headquarters of Georgia. The efforts of CAI experts are aimed at consulting these departments, developing plans for reforming the Georgian Armed Forces, as well as the country's military doctrine.

AirScan is an American private military company headed by retired Brigadier General Joe Stringham. Its headquarters is located in Titutsville (Florida, USA). The main task of the PMC is to send former army officers to guard oil installations in the city of Cabinda (Angola). The main client is Chevron.

DynCorp provides physical protection services for infrastructure facilities, including US embassies in a number of countries, is a UN contractor on behalf of the US State Department, and provides services to a number of US DoD facilities abroad. Together with McDermott Oil, it provides the physical protection of the US strategic oil reserve.

The British-American PMC "Halo Trust" (Halo (Hazardous Areas Life Support Organization) Trust) is officially positioned as international company to provide support in the field of mine and unexploded ordnance clearance. Registered in 1988 in the UK, funded by the governments of Great Britain, the United States, Germany and Canada, is associated with the American and British intelligence services. The number of contract personnel is up to 4800 people. The company's employees (mostly former military personnel and regular officers of the intelligence services of Western countries) have professional engineering and sapper training. Professional profile - demining and disposal of unexploded ordnance, mapping of minefields, training of local personnel in sapper business (professional saboteurs-bombers) in armed conflict zones in various regions of the world, additional paid consulting and practical support in related military areas. Equipment used - modern facilities mining, demining, communications, body armor, anti-mine boots, NAVSTAR / GPS satellite navigation system equipment, Volvo all-terrain armored vehicles.

The company has branches in Angola, Afghanistan, Vietnam, Georgia, Cambodia, Mozambique, Nicaragua, Sudan, Eritrea. In the second half of the 1990s, activities were actively carried out regional offices PMCs in Chechnya, where they trained professional saboteurs-bombers from among Chechen fighters (in 1997-1999, up to 150 people were trained), reconnaissance and the creation of a network of local informants, as well as topographic and geodetic surveys of theaters of war.

Personnel trained with the support of the "Helo Trust" may be included in the local armed formations or units in the course of hostilities as saboteurs, sappers, instructors, and also be involved in engineering, topographical and other types of reconnaissance. The activities of this company in Chechnya have been declared illegal and pose a threat to the security of the Russian Federation.

In Georgia, the employees of the "Helo Trust" are engaged in training the military personnel of the national army in mine-explosive business, conducting sabotage operations, as well as engineering, topographical and other types of reconnaissance.

PMC "Kellog, Brown and Root" (Kellog, Brown and Root) is a private military contractor and a subsidiary of the Halliburton Corporation. In the Balkans, the Pentagon entrusted all the rear support of the US and NATO troops, the supply of the US army in Iraq and the restoration of the country's oil complex to it. In Georgia, the company handled logistics, infrastructure upgrades, and operated the Yagluja landfill.

Thus, an analysis of modern armed conflicts will allow us to note a growing trend in the use of private military companies to perform a number of functions that were previously the responsibility of the armed forces. This poses a serious task for international law in the form of rule-making activities dedicated to this aspect of outsourcing.

3. State and prospects for the development of outsourcing in Russian army

According to Major General Sergei Alekseevich Kanchukov, the whole world today is becoming one big "hot spot", and this process (Yugoslavia, Iraq, Afghanistan) has been actively developing since August 2008, when Georgia attacked South Ossetia. He was followed in one bundle by the “Arab revolutions”, Egypt, Tunisia, Libya, now Syria, then Iran and next in line, in the very near future, Russia.

Now Western PMCs are getting contracts to conduct information and psychological operations, cyber wars, including against Russia. Now it is not NGOs that are engaged in revolutions, but PMCs. In such armed conflicts, when 20-50 thousand mercenaries (militants, terrorists) seep into the country's territory, no strategic nuclear forces will help. This is where highly trained professionals are needed. And for Russia it becomes relevant.

Russian private military companies are small, fragmented and weak. They do not feel the support of the state and serious private business. Today, in this market, almost all contracts come from the State Department, the CIA and the US Army, from international organizations, from transnational corporations and, last but not least, from local authorities. But it is undoubtedly necessary to promote Russia to this market.

The Chinese, taking into account the development trends of modern threats, have already formed their own, Chinese PMC, as a non-state instrument of geopolitics, and protect their interests by informal means. So, in Sudan, deposits owned by Chinese companies are guarded by PMCs - a group of 40 thousand people dressed in military uniforms, but without insignia. But formally there is no Chinese army in Sudan - only a private military company.

Today, Russia still has a chance to occupy its niche in the market of private military services. Although this time gap is already very small and shrinks to 2-3 years. The first such frontier already today is the international economic crisis, and the 2014 Winter Olympics in Sochi. From my point of view, the Russian authorities should hurry up.

Because there are already direct losses for Russian business. So, in April 2011, the delegation of the Israeli military business ( Global company CST) visited Abkhazia. The visit is due to the fact that Global Law Enforcement & Security Ltd (GLS), a subsidiary of Global CST, received a contract to participate in ensuring the security of the Olympic Games in Sochi (2014), the World Cup (2018), Skolkovo, as well as a number of other Russian state strategic facilities. The company's work in Abkhazia will be carried out, in particular, in preparation for the Olympics (from Abkhazia to Krasnaya Polyana, one day hike through the mountains). The amounts of the contracts are not announced, but they will be paid by Russia.

There is a social and personal benefit for Russia in the creation of private military companies. People subconsciously believe that for the sake of private military companies, the state army will be destroyed, and it and the military-industrial complex will be dismantled and privatized. Great efforts are needed to prove that PMCs are not denationalization, but create new forces at the expense of volunteers and investors. How aviation was previously created on folk remedies And submarine fleet, enthusiasts with the help of the state and for the sake of the state. And yet - there must be trusted guarantors from among prominent and honest military specialists.

On the other hand, the state, having reduced its Armed Forces and dismissed 150 thousand officers and the same number of ensigns, did not really care about their employment, and in fact more than 50% of this number are quite combat-ready and prepared to perform the tasks of PMCs.

It is also necessary to take into account the fact that now more than 10,000 officers annually will be subject to dismissal, and the recruitment of cadets, after the mistakes of the military education reform, will not be able to close the shortfall.

This means that already in 2014-2015, the country's Armed Forces may experience a large shortage of officers. Under these conditions, the PMC is able, if necessary, to act in the form of professionals in the active reserve, providing for the mobilization needs of the army. And the involvement of dismissed officers in PMCs will solve, on the one hand, the problem of implementing professional personnel, on the other hand, uses the unclaimed energy of professionals in the right direction, without throwing them into a criminal or protest environment.

There are also social and budgetary benefits for Russia. If full-fledged private military companies existed in Russia, they could play an important foreign policy and foreign economic role, and with the expansion of the service sector, an important domestic political role, especially in uniting the people, in fostering patriotism, national pride and devotion to the state, in receiving income from providing business stability.

In many countries of the world, where the degree of danger of staying is off scale, where the level of crime, civil unrest is high, and the effectiveness of police protection is low, where there is a threat to geopolitical stability, Russia and its large companies there are significant economic interests. These interests there can only be provided by Russian PMCs.

This is how Lukoil, Gazprom Neft, Renova, Alfa Group operate in Iraq. In Algeria - Stroytransgaz and Rosneft, in Guinea - Rusal, there is an interest in Afghanistan and Sudan. Rosoboronexport plans to expand its influence in African countries. The situation in Libya, Syria, in the implementation of oil and gas projects, in the future will require the participation of Russian PMCs in these processes.

There are other directions as well. Preliminary agreements have been reached between Iran and the head of Russian Railways, Mr. Yakunin railway from south to north (from Bandar Abbas on the Persian Gulf to St. Petersburg). This is a revolution in the commercial and tourism sectors. The possible participation of Russia in the construction of a maritime shipping canal between the Caspian and the Persian Gulf will allow Russia and many countries of Eastern Europe to choose an alternative route to the current route through the Bosphorus - Dardanelles - Suez Canal and the Red Sea. And in these projects, the interests of Russia can be represented by a Russian PMC.

Head of the State Drug Control Service Viktor Ivanov, who supported Vladimir Putin's proposal to create Eurasian Union, put forward the initiative to create a Central Asian Development Corporation, and in these conditions, Russian and foreign businesses need guarantees and insurance against risks, and these are the services of Russian PMCs.

Important in modern conditions and the social significance of business. There is Abkhazia for this, with its more than 200 km of beaches and most of them destroyed by the war, still Soviet-built, rest houses and sanatoriums. It is difficult for me to calculate the economic effect of such a business investment, both for investors and for Abkhazia itself, but there is no doubt that Russian business there will need guarantees and insurance against risks that a Russian PMC can provide already today.

A huge layer of work can be associated with the promotion Russian technology"Rosoboronexport" international markets. In buyer countries, Russian PMCs can maintain military equipment, provide security for employees involved in the modernization of equipment and weapons, provide logistics support for special cargo, train, consult, assist in organizing and conducting various kinds military intelligence, train the personnel of military units, working in strict accordance with local laws.

Another area of assistance to the activities of "Rosoboronexport" may be the opportunity to test military and special equipment in complex, close to combat, and in combat conditions. Yes, and the promotion of Russian technology in its purest form, including by informal methods. The CIA actively promotes the interests American companies in third world countries. If our state is not able to compete, then an alternative is needed, and these are Russian PMCs.

In the context of the need to expand its presence in the world, Russia, through PMCs, can create bases, including naval bases around the world without the participation of the state. At the same time, Russian PMCs are patriots of their country, Russia, if it wants, can always use this foothold in its own interests.

These bases can be dual-use facilities and be self-financing, but there will be no problems with "partners", because it is present private business. And in case of cooperation of efforts between Russian, Ukrainian, Belarusian, Kazakh businesses, the volume of these services can increase significantly. To control the Black Sea, we need a base in Syria. And the base in Tartus can be guarded not by the army, but by the Russian PMC.

To control the Strait of Malacca, we need a base in Vietnam (Cam Ranh), and here the Russian PMC can take over the protection, equipment and maintenance of this base. Another base is missing in southern India, it can be placed in Sri Lanka, from which it is very convenient to control the Persian Gulf, and a Russian PMC can handle it here.

The Seychelles is considered one of the locations for our naval bases, despite the fact that they already have a small US Army base on which UAVs are based, which makes it possible to organize the necessary base and infrastructure there through PMCs. The Seychelles are also a place of attraction for Russian business, where Russian PMCs can act as a guarantor of possible investments for investors.

The main activities of Russian PMCs in these countries may be the functions of protecting facilities, personnel, logistics operations, and the advantages over Western PMCs are loyalty, reliability, especially in cases of aggravation of the situation, close connection with Russian interests. Another activity of PMCs can be not only security, but also intelligence and search, the provision of collection services, especially when fraudulent debtors take refuge abroad, auditing and consulting. For Russian business, Russian PMCs are an alternative to crime and corruption: a legal but effective solution to problems without risks and dirt.

One of the main activities of PMCs on the territory of Russia can be to promote the interests of the country and business in the development of the Arctic, and in the future, direct security of the country on the Arctic borders.

In the context of growing internal and especially external threats, such approaches, which allow using all the experience of new Russian PMCs in eliminating distortions of the military reform, will allow short time close most of the existing problems. And the creation of specialized training centers, by analogy with the American training centers, will allow, thanks to high-quality training, to train PMC employees, law enforcement personnel, military personnel, civilians and employees of government agencies. Belarus has already taken up the export of military services, allowing its Special Training Center to engage in commercial activities, in fact, this is the work of PMCs.

Quite powerful (in terms of resources, experience, number of professional employees) foreign PMCs are already operating on the territory of Russia. The number of fighters in some reaches 450 people.

Their activity on the territory of Russia is extremely dangerous, since they, under contracts, carry out the tasks of NATO and their allies.

For example, the American-British PMC ArmorGroup managed to join the Union of Russian Machine Builders, and, consequently, gained access to the country's strategic industry. Company Group 4 Falck has formed a whole network of its units in the post-Soviet space. PMC Group 4 Securitas Uzbekistan, located in Central Asia, has the ability to carry out operations against Russia, using the Transcaucasian and Central Asian footholds. In the center of Moscow is located the office of the largest foreign PMC (Raytheon), whose services are ordered by the Pentagon. This cannot be ignored.

Conclusion

In conclusion, summing up some preliminary results, Major General Sergey Alekseevich Kanchukov states the following advantages for Russia in resolving the issue of organizing private military companies (PMCs):

1. Political. The state receives informal and informal tools to realize its interests. And PMCs are an alternative to the state where the state is powerless or cannot act officially. At present, the functioning of PMCs is not only profitable business, but also effective tool foreign policy states. The presence of PMCs in the "hot spots" of the planet will expand Russia's spheres of influence. It will provide the country with new allies, allow it to receive additional intelligence and diplomatic information of interest, which, in the end, will increase Russia's weight in the world community.

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It is intended to make changes to the very system of providing troops. To this end, it was decided to transform the companies subordinate to the Ministry of Defense - OJSC Garrison and OJSC. According to experts, the reform, first of all, will mean a rejection of the legacy of the former Minister of Defense, who actively introduced the army in the service sector. According to the Minister of Defense of the Russian Federation, the use of the services of third-party organizations to perform functions unusual for military personnel made it possible to release more than 65,000 military personnel to solve their immediate tasks. At the same time, Sergei Shoigu said at a meeting of the ministry, outsourcing is not a universal means and cannot provide for all the rear needs of the army.

The disadvantages of such a system, according to the minister, are related to the non-transparency of outsourcing companies, the low quality of their work and, accordingly, the dissatisfaction of the end consumer with their results. From this, the head of the Ministry of Defense concludes that it is time to reform existing system provision of the Armed Forces.

The work of the enterprises included in the Oboronservis system was checked for four years. During this audit, a whole range of problems were identified. Thus, the internal and external accounts payable of these enterprises amounted to tens of billions of rubles. Of these, wage arrears amounted to 1.4 billion, and debts to counterparties - about 97.6 billion. In general, the loss accumulated for housing and communal services amounted to over 40 billion rubles.

In addition, in 2013, budget expenditures on OAO Oboronservis increased by 49 billion rubles, with a noticeable deterioration in the quality of services provided. According to Sergei Shoigu, the corruption component has increased due to the non-transparency of outsourcing companies. During this period, more than a thousand cases of arbitration proceedings were initiated and 25 criminal cases were won.

For the development of budgetary funds, the company created numerous chains of intermediaries. According to the Minister of Defense, in 2012, for example, chains were created for transport services, numbering from 5 to 8 intermediaries, and in the field of coal supplies, chains from 4 to 6 intermediaries. At the same time, Sergei Shoigu emphasized that the outsourcing system created under the previous head of the Ministry of Defense, Serdyukov, turned out to be completely untenable in military conditions.

For example, private outsourcing companies, whose duty it was to escort troops always and everywhere, did not cope with this task, demonstrating a complete inability to fulfill their direct duties. During the exercises, hikes and field trips, Deputy Minister Ruslan Tsalikov noted, it became quite obvious that such contractors could not perform cleaning work. According to him, businessmen are unlikely to want to "get into the mud" and try to make money in such conditions.

Based on the above reasons, the Ministry of Defense intends to currently partially refuse to outsource work to private companies in such areas as cleaning barracks, dormitories and adjacent territories of military units. Food in the field, also in the army, will now be prepared independently, without transferring these functions to third-party organizations. At the same time, the ministry considers it necessary to maintain the buffet system in military units. According to Ruslan Tsalikov, this system has justified itself and is liked by the servicemen themselves.

The structure of Oboronservis today includes over 300 joint-stock companies and 9 sub-holdings. After the reform proposed by the Ministry of Defense, only 4 sub-holdings of the Garrison OJSC structure should remain. population service personnel it is also proposed to halve - from the current 130,000 people to 65,000. The new sub-holdings being created will have to provide services where these services are in demand and work in the interests of the Ministry of Defense.

Ruslan Tsalikov said that economic effect as a result of the measures taken by the department to improve the activities and structure of Oboronservis, it should give an economic effect and overall savings in the future from 60 to 70 billion rubles. The reform of OAO Oboronservis began last year and has already made it possible to save more than 22 billion rubles. According to Sergei Shoigu, it is necessary to clearly define the areas in which the use of outsourcing is acceptable, as well as the volume of required services. Decisions in this direction should be balanced, responsible and competent, the minister stressed. He also said that it is planned to create an investment block of enterprises as part of a new holding.

Garrison OJSC will unite four sub-holdings:

1. A single construction and housing and communal sub-holding, which will include OJSC Slavyanka, OJSC Oboronenergo and OJSC Oboronstroy.
2. Repair and production sub-holding, which will unite over 150 industrial enterprises, which are part of Remvooruzhenie OJSC, Spetsremont OJSC, Aviaremont OJSC and Agoroprom OJSC.
3. A sub-holding for consumer services and supplies, which will include OAO Voentorg, on whose basis an additional OAO Voentorg-Moscow will be created, separating it from OAO Voentorg-Zapad. It will include a block of hotel services.
4. The sub-holding for the provision of communications and telecommunications services will include Krasnaya Zvezda JSC as the main link and information mouthpiece of the Ministry of Defense. It will include the Zvezda TV channel, the Krasnaya Zvezda newspaper, the Ministry of Defense documentary film studio, the Zvezda radio station and a new information Agency, the opening of which was scheduled for July 1 this year, but so far has not taken place.

According to Ruslan Tsalikov, the Ministry of Defense plans to attract large investors to the system of departmental housing and communal services. He cited as an example of successful cooperation with investors their participation in the process of switching boiler houses to gas fuel. At the same time, the Deputy Minister emphasized the importance of properly building a system of relations with investors, which, according to him, is currently being worked on in the ministry. It is advisable not to repeat past mistakes, he believes, when, under Oboronservis, the participation of such investors in the projects of the Ministry of Defense was only episodic due to the “sluggishness” of the holding.

Until the middle of next year, continues Ruslan Tsalikov, the repair enterprises included in Oboronservis will be transferred to the structures of the military-industrial complex, with which the transfer schedules have already been agreed. The forthcoming integration will contribute to the implementation of a unified public policy in the field of development, production, repair, Maintenance and disposal of military equipment and weapons.

If all this can be implemented, the expert believes, the Ministry of Defense will have a working mechanism that allows it to effectively use the services of third-party organizations, although the ministry itself understands the complexity of the task ahead. The system of tenders itself raises doubts about the success, the department believes. According to one of the sources in the ministry, if you study the lists of tender winners, it turns out that the winners are always the same. After winning, they themselves announce a tender for the same services, only by lowering the starting prices. In this way, subcontractors are recruited, who, according to the contracting business scheme, have the right to recruit their subcontractors. So there are chains in which there is a corruption component. Although, from the point of view of the law, there is nothing to complain about.

It seems that it was decided to postpone the bold experiments in the logistics of the Russian army. Recently, the head of the Department of Property Relations of the Ministry of Defense, Dmitry Kurakin, announced that the outsourcing system built by the previous leadership of the Ministry of Defense of the Russian Federation does not bring positive results. "Our Version" figured out who in the near future will feed and clothe the Russian military.

According to Dmitry Kurakin, in theory the model of military outsourcing was built correctly, but in practice it does not show the desired results. The head of the department of the military department also noted that this system has not become a universal means of providing logistics needs for the entire army. Note that earlier, in January 2013, this official drew attention to the fact that the structures hired to carry out work most often turn out to be affiliated with the Ministry of Defense and this creates the basis for various abuses.

The bill promises super-economy

So far, apparently, even in the military department itself there is no common understanding of how to organize the rear support of the army. So, in February of this year, the head of the department, Sergei Shoigu, said that there were no plans to cancel outsourcing. However, in the spring, the minister's opinion changed, he decided to significantly reform this system. There was an idea to replace cleaners and cooks paid from the budget of the Ministry of Defense with those who chose an alternative civil service. The Minister instructed to develop a draft law, according to which alternative workers can be involved in household work in military units. This project promises super savings, because these non-combatants can only be paid the minimum wage.

In early August, Deputy Minister of Defense in charge of logistics, General of the Army Dmitry Bulgakov, announced that there were no plans to completely abandon outsourcing in the Armed Forces. At the same time, the general indirectly confirmed that the system in the Russian army is not complete. In particular, according to him, during field trips, exercises, performance of special and combat missions, material technical support troops is carried out by regular rear units. So, in the course of the last large-scale exercise, third-party organizations were not involved at all in the rear support of the troops who performed combat training tasks at the ranges and in the waters of the Pacific Fleet.

Contests "won" one-day companies

The outsourcing system in the Russian army has a short, but very bright history. Under Anatoly Serdyukov, it was decided to transfer the functions of household and housing and communal services to military civilian structures that signed contracts with the Ministry of Defense. It was assumed that the servicemen would have more time for combat and special training, mass sports work. Outwardly, it looked practical and very modern: soldiers were freed from the need to cook their own food, wash dishes, clean their barracks, fight snow and even paint grass - all this for them had to be done by hired civilian specialists.

It was planned to transfer even the repair of military equipment to outsourcing. If earlier most of the work was carried out by soldiers in repair battalions, now it was decided to send the failed equipment to specialized enterprises. The advantages of such a system seemed obvious: they also intended to shift the labor-intensive service support of their own products to large manufacturers of military equipment. Most experts, even generally critical of Serdyukov's reforms, considered the introduction of outsourcing a real breakthrough.

The algorithm for ordering services from third-party organizations looked quite logical and simple: the commander holds a competition, the winner concludes a contract with the military unit, which pays for the services received from its own account. But it turned out that this system, which has been successfully functioning for many years, for example, in the American army, is faltering in Russia, colliding with local realities, creating fertile ground for corruption. Competitions with the help of various illegal schemes, as a rule, were won by one-day companies that underestimated the cost of goods and services, and then, having no production capacity, handed over contracts over big firms, taking away the intermediary percentage. All this leads to disruption of orders and protracted lawsuits, as a result, the combat readiness of the army suffers. So, in our opinion, the Spetsremont company failed to fulfill its obligations under the state contract for the repair of equipment in the Southern Military District. Last year, only 30% of the equipment subject to restoration was repaired, this year this figure is even less - 10%.

The soldiers ended up in a bare field, on grazing

The developers of the Russian outsourcing system claimed that the specialists conducted many experiments, studied the experience armed forces NATO countries and found that civilian specialists commercial structures of these countries are successfully working both in places of permanent deployment of military units and in hot spots. But it turned out that Russian-style outsourcing is more or less capable only in stationary conditions. The first disturbing experience came during the Vostok-2010 exercises in the Far East, which, according to the plan of the generals, were supposed to demonstrate how effectively the new system works. The troops were ordered to involve logistical support units in maneuvers to a minimum, they were to be replaced by civilian organizations. But at the training ground, the troops faced significant problems. Private contractors were not able to independently create normal canteens and consumer services in the field camps. The situation became especially critical when the troops began to move, civilian supplies could not keep up with the units. As a result, the personnel found themselves in a bare field without hot food, practically on pasture. The soldiers survived as best they could - they ate food bought in the shops of the surrounding villages, or even asked for food from the local population. The basis of the diet of a soldier of the modern Russian army during the exercises was compressed Chinese noodles with spices. It should be noted that after this incident, military officials no longer even tried to experiment with outsourcing at the training grounds, and the usual field kitchens and baths returned to battle formations.

At the same time, the auditors of the Accounts Chamber have repeatedly stated that the new scheme logistic support army does not justify itself, budget funds are spent inefficiently. However, for the time being, the Ministry of Defense could not be persuaded: the military announced that outsourcing is an important part of military reform and is not subject to discussion. It was only after Serdyukov's resignation and the ensuing anti-corruption campaign in the Ministry of Defense that they started talking about his shortcomings. Then mass crimes were uncovered in the key link that played the main role in the outsourcing system - OJSC Slavyanka and Oboronservis. Alexander Yelkin, general director of Slavyanka, was arrested on charges of fraud, and was placed under house arrest. former leader"Oboronservis" Yevgeny Vasiliev. During the investigation, numerous facts of theft, non-fulfillment of paid work, supply of low-quality food, etc., surfaced.

As negative information accumulated, the views of the leadership of the Ministry of Defense began to change. Scandals that continue to this day related to the investigation of abuses in the structures that formed the logistic support on new way, apparently, have become the last straw, which makes it necessary to abandon the introduction of outsourcing into the troops. We also recall that President Vladimir Putin demanded to analyze the effectiveness of the army's logistics system. He noted that it is necessary either to identify its shortcomings and improve, or to make sure that it is not applicable in Russian conditions, and discard it.

How does the outsourcing system take root in the extreme conditions of the Arctic, in the harsh and relatively deserted expanses of the Kola Peninsula? Are civilian enterprises, together with a group of divisions of an anti-aircraft missile regiment, able to go, for example, to live firing - several hours off-road on the Kola Peninsula and by sea - to Kildin Island? (Brigade of Aerospace Defense) for Logistics by Lieutenant Colonel Bakhtiyor Babadzhanov.

Bakhtiyor Tashpulatovich, how successful is the radio engineering regiment of the new look in the Arctic with everything you need?
- Today, the main difficulty is that the duties of the deputy regiment commander for logistics include several previous official areas. Therefore, I and a small team of subordinates (five officers and ten civilian specialists) have to simultaneously supply units with everything - equipment, weapons, ammunition, food, fuel - over a wide geographical area. More than fifteen divisions of the regiment are scattered throughout the Kola Peninsula, and we use various supply schemes with reference to certain conditions and the nearest warehouses. There are features. For example, all clothing and technical support in full, centrally goes directly through me (weapons, factory maintenance of equipment). Food supply is organized on a regional basis. All units south of Monchegorsk are provided through Northern Fleet, that is, through the Murmansk warehouses and the Olenegorsk garrison. We provide the western direction through Zaozersky warehouses and Vidyaevo. The northern side of the Kola Peninsula is a separate direction. Kashkarans, Gremikha and Dalniye Zelentsy are provided with everything necessary according to the navigational principle - we get a year and a half food supply for three divisions of the regiment in the Northern Fleet and import it by sea. On the Kola Peninsula, there are points to which outsourcing has not yet reached, because only by sea can you fly to navigation or by helicopter (if the weather permits), and the nearest locality- a hundred kilometers away.

Taking into account the remoteness, certain problems arose during the transition to outsourcing.
difficulties. Our boiler houses and canteens are scattered over a vast territory, and not everywhere there are local residents who could work within the framework of the new system. The positions of military cooks and stokers have been reduced, but canteens and boiler rooms cannot be left unattended. Therefore, in some places it was necessary to take soldiers from the combat crew and make them freelance cooks and stokers.
- In what percentage of the logistics of the regiment is transferred today to outsourcing?
- Logistics is multifaceted, and it is difficult to convey the situation as a percentage. Moreover, on new system the regiment moved relatively recently - in December 2011. In the south of the Kola Peninsula (Monchegorsk, Kovdor), outsourcing is being introduced better. A certain positive experience has been accumulated in the provision of heating and food. Cleaning of territories also takes root. On the north side, there are more problems. And even in relatively large garrisons, third-party firms started cleaning territories and premises only in April. The case is new, roughness is inevitable. At the same time, we have facilities that we cannot allow civilians to enter. You know, a licensed janitor is a problem. Thus, regimental cleaning is outsourced by about 60 percent.
For food, we switched to outsourcing in eleven out of sixteen divisions.
At three points: Khanlauta, Gremikha, Kashkarans, there are no food changes yet. And where outsourcing already dominates, unfortunately, the menu layout from St. Petersburg does not always correspond to the range of products in stock.
Heating has been transferred almost completely, with the exception of two remote objects on Hanlaut and Gremikha. There is a protocol and technological problem with the supply of heating oil to the village of Kilp-Yavr. The troops left, but the people remained.
There are no problems with fuel for vehicles. True, our volumes do not arouse interest among merchants. But the Northern Fleet never fails.
Most of the divisions are provided with electricity through industrial networks, and only in three remote points We work from our diesel generators. Unfortunately, we have not received emergency power supplies and new diesel generators for about 18 years. We are reworking the decommissioned generators of combat stations. We try to keep what we have in a satisfactory technical condition. At the same time, I should note the improvement in the work of representatives of the manufacturers of our equipment in the subdivisions.
- How does the system of delivery of material and technical property work?
- The transport theme is subtle. We do not have special vehicles, only six units of cars are left to manage, and each has a limit of 1,500 km. The Northern Fleet and the center supply battalion help out. We use the sea, but I must say that if the administration of the Murmansk region stops supporting the only passenger line in the Barents Sea with subsidies, the route to Gremikha of the ice-class ship Klavdiya Elanskaya (the entire route: Murmansk - Yokanga), then we will not be able to provide coastal units even with food. And the families of military personnel will not be able to go on vacation to the mainland. There is such a danger, because the route is economically unprofitable.
- Bakhtiyor Tashpulatovich, in 1990 you graduated from the Gorky Higher military school rear and have been serving in the North for 19 years. Obviously, professionalism and experience allow you to maintain the current balance of regimental outsourcing?
- In general, the balance is positive. Firstly, conscripted servicemen are not involved in economic work, this is very good for combat training. Secondly, when materially interested civilian specialists work, the quality increases. And the reaction of third-party organizations to all our comments, as a rule, follows immediately. Firms value their reputation in this new area and for them, they work stably. I hope that in the future the positive balance of outsourcing in the regiment will become even higher.

OUTSOURCING (from the English outsourcing: (outer-source-using) the use of an external source / resource) is the transfer by an organization, on the basis of a contract, of certain business processes or production functions to be serviced by another company specializing in the relevant field. Unlike service and support services that are one-time, episodic, random and limited by the beginning and end, outsourcing usually transfers functions for professional support of the uninterrupted operation of individual systems and infrastructure on the basis of a long-term contract (at least 1 year). The presence of a business process is a distinguishing feature of outsourcing from various other forms of service provision and subscription services.

The main source of cost savings through outsourcing is an increase in the efficiency of the enterprise as a whole and the emergence of an opportunity to free up the corresponding organizational, financial and human resources to develop new areas, or to focus on existing ones that require increased attention.

According to experts from the Outsourcing Institute (USA), business process outsourcing is a dynamically developing type of business optimization, with the greatest growth observed in the field of finance and accounting. Statistics collected in 1997 by the American Management Association showed that even then 20% of the 600 firms surveyed outsourced at least some of the financial and accounting operations, and 80% - part of the administrative functions.

The motivation of the leadership of the Ministry of Defense: subordinates now have the opportunity, instead of washing floors and peeling potatoes, to spend more time doing military affairs. The question is being considered that the protection of military camps and facilities will also be taken over by civilian structures.
So, according to the new daily routine, after lunch, the so-called "admiral's hour" was introduced - the soldiers rest.

FLAWS

When using outsourcing in Russia, the following disadvantages were manifested:
- the level of professionalism of the employees of the outsourcing company - outsourcer (both the contractor and his manager) may be insufficient to perform work or provide services at the proper level,
- lack of control levers, which can lead to a decrease in the efficiency of processes and an increase in maintenance costs,
- the presence of risks of violation of the safety of property, security and leakage of information of a CONFIDENTIAL nature, as a result of providing unregulated access to documents, data and material assets of the enterprise.
- increased problem solving time emergency situations, associated with an extra transmission link and approvals (especially manifested in telecommunications).
- AND THE MOST IMPORTANT THING IS COMBAT ACTIONS!

04/22/2011. Prosecutors are investigating the circumstances of the poisoning of more than 100 students of the Ural Institute of the Ministry of Emergency Situations. Nutrition educational institution provided by a third-party organization that won the tender contract.

Despite the positive changes after the introduction of the outsourcing system, the military prosecutor's office of the garrison recently revealed significant shortcomings. We are talking about the verification of obligations by counterparties of the Russian Ministry of Defense in August, together with colleagues from Rospotrebnadzor in the Yaroslavl Region, in structural unit 1586th district military hospital. As a result of supervisory activities involving the entire prosecutorial staff and specialists, significant violations of the requirements of the legislation on sanitary and epidemiological well-being, as well as legislation aimed at protecting the life and health of military personnel, were revealed. Under an agreement with OJSC Voentorg, catering services for inpatients treated there were provided by Service-K LLC.
The audit showed that the storage, processing and preparation of food products in the structural unit of the Federal State Institution "1586 OVKG MVO" stationed in Yaroslavl were organized and carried out with flagrant violations sanitary and epidemiological standards, and as the fault of the employees involved commercial organization, and officials hospital. As a result, after eating food prepared in inappropriate conditions, on August 10 of this year. there was a mass illness of military personnel with an acute intestinal infection. At the request of the military prosecutor's office of the Yaroslavl garrison, the supply of food prepared at the catering unit to patients in the hospital was suspended, and it was closed until the identified violations were eliminated. During the audit, three proceedings were initiated against Service-K LLC administrative offenses. The head of the Yaroslavl garrison was submitted by the military prosecutor's office accordingly. It is required to take comprehensive measures to control the quality of nutrition. A number of other measures have been taken, incl. according to the jurisdiction, materials were transferred to resolve the issue of initiating a criminal case against the head of production of Service-K LLC. The case has been opened. There is an investigation. (DECEMBER 1, 2011. "RED STAR". Retired Colonel of Justice Sergey USTINOV.
Oleg POCHINYUK)

01/17/12 Mass poisoning occurred in a military unit near St. Petersburg

In turn, the organization "Soldiers' Mothers of St. Petersburg" claims that many people are in the barracks with diarrhea, vomiting and high temperature. At the same time, according to the organization, the soldiers were not provided with proper medical care in a timely manner. RIA Novosti 11:42

The Military Prosecutor's Office of the Western Military District completed an inspection of compliance with sanitary and epidemiological standards when catering for military personnel in the village of Kamenka, Vyborg District, Leningrad Region

An audit by the military prosecutor's office of the Western Military District, together with specialists from sanitary and epidemiological supervision, found that when catering for military personnel in military unit 02511, employees of LenProdTorg LLC violated the cooking technology, and also used low-quality and unsafe products and culinary products.

As a result, seventeen servicemen felt unwell after eating in the soldiers' canteen and sought medical help.

The command of the brigade, as it turned out, did not properly control the work of the merchants.

The military prosecutors, acting heads of the food and medical services of the unit, issued warnings about the inadmissibility of violating the law, and cases of administrative offenses were initiated against the head of the canteen and the head of LenProdTorg LLC under Article 6.6 of the Code of Administrative Offenses of the Russian Federation (violation of sanitary and epidemiological requirements during catering).