The phrase "state border" can be heard in various informative sources. What is it and what does this concept consist of? Are there any features of this concept and what types of state borders are usually distinguished? Let us consider all this in more detail below.
General concept
The considered concept is most often found in legal practice, especially when the activities of a specialist in the field of law in one way or another relate to international law. So what is a state border?
First of all, this concept refers to a certain imaginary line that separates the territories of two different states. In some places where such a mark passes, it is actually expressed - in the form of a real restrictive band.
As for the location of this mark, then, depending on this, there are three types of borders: land, air and water. As for the first two types, they can be established exclusively in accordance with the norms adopted and signed by two neighboring states. If we talk about water borders, they are determined by each country located near the coastline, independently, prescribing the established data in its own regulations.
Legislative regulation
As for the legislative definition, this concept is broadly considered in the Law "On the state border, which currently operates within Russia. It also presents the legal interpretation of this term."
In accordance with the Law "On the State Border", the concept under consideration is nothing more than a specific line, as well as a surface passing along it, which defines the territory of the state. In accordance with this legal source, the border is a kind of spatial limit of the sovereignty of a state such as the Russian Federation.
The aforementioned normative act also states that the modern border of Russia is the space that was defined as such in the RSFSR, on the basis of international treaties signed between the countries.
Boundary Principles
In the process of establishing the state border, the state must follow certain principles. As for Russia, this state also has certain priorities in the process of this activity.
In particular, when establishing territorial borders, Russia is guided by the principle of mutually beneficial cooperation that occurs with neighboring states. An important factor is compliance with the principle of ensuring the security of the territorial border. In this matter, international security plays an important role, which the Russian authorities should take care of in the process of establishing territorial restrictions.
On the basis of international law, countries should respect the sovereignty, independence and legitimate interests of other countries. That is why, in the process of establishing the territorial border, the Russian Federation is guided by the principle of observing these interests of a neighboring country. In the event that a conflict occurs on this basis, states are obliged to resolve the issue in a peaceful manner, through negotiations.
Functions
Of course, the state border established by law is performing its special functions. Let us further consider what they can be.
So, first of all, the border of the Russian Federation, like any other country, has a barrier function. It lies in the fact that this facility makes a legal separation of one state from another. Since Russia is a state that has a truly vast territory, and therefore it borders on a large number of countries, the dividing line in different regions has either a softer or a tougher barrier function. In particular, in the place where the country borders on Korea (both South and North), the territorial delimitation is more stringent, which is expressed in the presence in such places of a solid high concrete wall, on the surface of which a high-voltage voltage is carried out, and in some places equipped with barbed wire fencing. However, the list of such states with which a rigid border has been established is very small - basically, the Russian Federation builds borders with other countries with a soft barrier function.
Another important function performed by the state border of Russia is the contact one. It consists in the fact that two neighboring countries can create a common object on the border territory. In the modern political world, such a situation is widespread when such objects are nature reserves, natural parks and other similar objects. In some cases, states create open economic zones in such zones. Such an opportunity allows a substantial way to make cooperation between states closer and deeper.
As for the filtering function of the state border, which is also characteristic of this concept, it consists in the fact that the demarcation between neighboring countries is designed to act as a certain membrane or even a filter through which everything that enters the state from other countries and is taken out of it passes through. In order to properly implement this function, checkpoints across the state border of the Russian Federation are created. Border guards who are on duty are engaged in a thorough search of all objects that cross the country's territorial demarcation line. They are entrusted with the task of preventing the transport into the country of all harmful substances, as well as illegal objects.
Boundary Process
There are two main stages in legal practice that comprise the process of establishing and changing the state border between countries. Each of them should be reflected in documentary form and carried out in accordance with the requirements prescribed in international law.
The main stages in establishing territorial delimitation are demarcation and delimitation. We consider each of them in more detail.
Delimitation
At the legislative level, the process of delimitation recognizes activities associated with determining the position and specific vector of territorial delimitation. This activity is carried out exclusively through a peace agreement between neighboring states. In most cases, this process is accompanied by the drafting and signing of a peace treaty by the parties, which discusses a specific line. Subsequently, it is applied to the map. After all activities, this card with all the marks should be attached to the contract.
Experts in the field of political science and international law note that this activity, carried out in the proper manner and with great accuracy, allows maintaining good neighborly relations between countries, and this is also a direct factor that ensures peace and security in the state.
Demarcation
Demarcation is the second integral stage of establishing territorial demarcation between countries. It consists in the actual determination of the border at the place of its passage. This activity is carried out solely on the basis of a previously signed contract and those marks that are made on the map. The determination of such marks on the ground is carried out at the expense of special border signs of the established pattern.
It should be noted that each action carried out as part of the demarcation procedure must be properly documented. Such a document is called a protocol describing the border. All affixed signs should also be marked on the map and a protocol must be entered on them.
Sometimes there is an urgent need for re-marking. What does this concept mean? Official sources say that re-marking is a special activity of a specially created commission, which provides for an audit as to what condition the previously established border signs are in. In the process of its implementation, the created marks can be replaced with new ones, but it should be put down in the same place.
In order to carry out re-marking correctly, a certain series of agreements is also required. As practice shows, they mainly concern the verification of river sections of the border.
Water borders
As mentioned above, one of the types of territorial division between states is the establishment of a water border. It should be noted that the features of its arrangement should be determined by the states themselves. Of course, there are separate rules of international law regarding this issue, however, they are purely advisory in nature. In accordance with them, the border on the navigable river can be set based on the landmark on the thalweg or the fairway. In the event that the river is small in size and does not belong to the group of shipping, the demarcation takes place along its middle.
The state border on the sea is determined in strict accordance with the external border of the sea, assigned to the territorial part of Russia.
In the event that there is a problem with reservoirs or reservoirs created artificially, the border at such facilities passes in strict accordance with where its points were located until the moment the area was flooded.
The border can also be drawn through crossings over water bodies - bridges. As a rule, it is installed in the middle of them.
Legal regime
The legislation of Russia provides not only protection of the state border, but also establishes its legal regime. What are its features?
First of all, the norms of the aforementioned Russian Law strictly establish the procedure for crossing the territorial demarcation line and for transporting various types of cargo, as well as animals. In addition, they provide a definition of the rules for crossing the state border by car - this is also included in a special legal regime.
If we talk about the entry into the territory of Russia of persons, then it should be carried out on the basis of passports or other documents proving the identity of the person. In addition, entry into the Russian Federation may be permitted on the basis of special passes, petitions, applications, etc.
As for the conduct of certain activities of the agricultural sector or fishing, which is carried out on the border itself or near the border line, this is also included in the concept of the legal regime of the Russian border.
International law also refers to the border regime a specific procedure for resolving conflict situations with citizens of other countries who plan to cross the demarcation line.
The main content of the legal regime of the border is established not only by the Law considered earlier, but also by the Customs Code of the Russian Federation.
Border protection
Ensuring the state of security of the demarcation line from unauthorized crossing by any means is assigned directly to the border authorities, which are established in special points. In addition, this function is provided by the Internal Troops of the country, as well as air defense equipment. In the event that the state border of Russia is illegally crossed not by land but by water, then in this case, the functions related to ensuring security are assigned to the Navy, whose ships are on duty in this area.
As a rule, border protection is carried out through the use of weapons. Before applying it, the border services must make a warning to the offender and only if they are completely ignored, use force. However, there is a bottom exception to this rule. It consists in the fact that if the territory of Russia is in substantial danger in the form of the use of weapons by the other side, then in this case the attack can be repelled without any warning.
As for the military, they have every right to use military weapons to repel animal attacks, but only if they pose a serious danger to people.
There are a number of prohibitions on the use of weapons and equipment in the event of unauthorized crossing the territorial border of a state. In particular, one of them concerns the prohibition of the use of weapons against women or minor children. However, in the event that representatives of these groups attack with weapons themselves and their actions pose a serious danger, in this situation border guards can strike back with the help of military equipment.
Legislation prohibits the repulsion of an attack against a ship on which people are present. This rule applies to both air and water bodies.
In the event that a person or group of persons crossed the country's border illegally, but this phenomenon is an accident, the use of military weapons is also prohibited in this situation.
The current situation shows that the most often illegally committed violation of the territorial border of Russia on water. As a rule, all such cases end with the fact that the ships of the Navy use military weapons to repel the attack.