In such a vision solutions prepyadstviya there are quite a huge number of followers in the military, and among those to whom this kind of discrepancy also not without interest. Supporters of ministerial decision convinced that failure from recruiting Caucasian youth in the ranks of the Russian army will allow to remove the problem and protect themselves from the conflicts that often surfaced in the near future due to hazing, and in addition to block the "crane", through which Power comes alive for gang-formations.
The prosecutor's office brings about that last year there was decrease in cases of bullying in the army units. Many familiar with the situation firsthand people immediately decided that the case really moved the ball rolling, and the Russian army is getting closer to the civilized option. But the reluctance of the Ministry of Defence to urge young Caucasians (although this term no one takes as a kind of neglect — just eating for the sake of brevity) all can cause not only the positive cases associated with the discipline of the troops, and frankly not a good way of legal nature.
Yes — the decision of the Russian Federation Ministry of Defense has taken, and turn away from it obviously does not want. Yes — saw prosecutors drop cases army neustavschiny specifically after the failure of the Ministry of Defense of the "Caucasian services." It would seem that even lust. But it would be surprising to argue that such a ministerial step, in fact, anti-laws. Article 23 of the Federal Law "On Military Duty and Military Service" categories of people are right Russian Federation, which are not subject to conscription for military service. And in this article does not mention that the Defense Ministry has the right to add to the list, in which includes tried, sick, alternativschiki and some other categories of persons of military age are exempt from the service, besides the Ministry comfortable position.
It turns out that from the standpoint of a wimp, refusal to call the Caucasian recruits — the good, but from the perspective of the legal field such refusal completely unacceptable. It would seem to be engaged in what legalistic rules and refer to any federal laws there, if all went, as they say on the plan. But our home is trying to position itself as the legal government of the rule of law. In this case, guided by common logic, it is necessary to recognize one of the following facts:
1. Our homeland or in fact, not even on paper, the rule of law is not, as even the federal ministers allow themselves to abide by saying that the law as a drawbar;
2. Our homeland still legal government, but if the decision itself is already the Defense Ministry, associated with "Caucasian precedent", to explore the legality.
There is also a third option: to take, and of record in the 53-FZ of 28.03.1998 the line that this law Ministers are free to add comfort to those or other cases, items …
In the current situation, though what Prof. lawyer able to find mistakes in the decisions of the head of the military department. With all of this in young people, not conscripts from the Caucasus region, there may be no way unfounded claims: they say, and this is why the representatives of some ethnic groups in calling for the army and people of other — no, although the Constitution provides for equality before the law of all Russians. Not a lot, the Ministry Anatoly Serdyukov doing quite so bad precedent: it appears that the MoD refuses the services of those recruits who can not tie their own national character with military discipline. In this case, go on the "Caucasian path" can fully and representatives of other nationalities who decide that the call for the abolition of their republic is quite easy to arrange in the army unbridled neustavschinu. You'll see, mostly military department in a couple of years, will accept the decision to abandon the draft and the new "bad guys."
In fact very discriminatory decision Defense Ministry's refusal of conscription of young people from the North Caucasus, no matter how weighty a disciplinary point of view, it was not, there is only a direct evidence that the ministry No other methods of discipline in the army do not find it. Replaced in order to tackle the problem of truly mainly the Defense Ministry decided to just build a kind of "Berlin Wall", cut off from "undesirable" recruits unusual design, which does not even fit in with the law.
Guided by the logic of Defense Of, such experiences can be transferred to other areas of activity: for example, stop raving lunatics healing in special medical institutions, because they do a lot of practical problems to medical staff — rowdy, you know … You can turn away from teaching those students who often become part of anti-social behavior — you see, the teacher will be safer to work … And then some of the deputies of the State Duma will have what is called, ask for, because their behavior is sometimes also raises many questions.
In general, the decision of the Defense Ministry over the controversial and disturbing here is not only and not so much a solution as such, but the fact that it was made without the presence of any kind was a legal basis, not to mention the fact that such harsh things need to be submit for public discussion.