Legal Regulation ensuring Security in the Regions of the Russian Federation bordering Ukraine

Ilyushchenko Aleksandr Aleksandrovich ORCID: 0000-0002-1896-5797 Deputy Head of the Main Department of "National Crisis Management Center" of the Ministry of Emergency Situations of Russia 121357, Russia, d.1, p.1, Moscow, Vatutina str., 1, of. 1 komradsansan@yandex.ru

The year 2022, since the beginning of the special military operation in Ukraine, has forced theorists and practitioners to update approaches and target aspects embedded in the semantic content of the term "security".

  The issues of ensuring the protection of the population on the territory of the Russian Federation in the context of direct and indirect unfriendly actions of the armed forces of another state during the information coverage of events and events demonstrated the terminological illegibility of the normative concepts of "emergency", "state of emergency", "civil defense", "war", "armed conflict".With the apparent interconnection of circumstances caused by military actions, not every incident accompanied by shell explosions, destruction of infrastructure facilities, causing harm to the life and health of citizens will formally correspond to the categories of "emergency" or "wartime conditions".

Therefore, the lack of a coherent opinion on emergency security measures is due to fragmentary judgments and ambiguous assessments of what is happening against the background of a special military operation by a fairly wide range of observers and experts.

 The main task of this article is to consider, using concrete examples of the current situation in the border regions of the Russian Federation, the legal foundations affecting the foundations of the security of the population and territories from a new type of threats. The author aims to clearly identify the normative distinctions that affect the correct application and introduction of appropriate safety regimes.

Based on the analysis of the totality of established norms in the country, official statistical data on departmental affiliation and emerging information containing a public outcry on security issues, the author uses the methodology of normative institutionalism, as well as content analysis of legal documents to achieve the goals and objectives of the study.

The hypothesis is based, first of all, on the essence of public security, as an area of relations to maintain the natural functions and interests of society, against the background of existing threats of a military nature. The key proposal is the need and the real timeliness of the integration of legal norms regulating civil defense issues into the sphere of legal relations in the field of protection of the population and territories from natural and man-made emergencies. 

1. The basic elements of the category of "security" in the system of state provision of protection of the population from internal and external threats From a legal point of view, according to the Constitution of the Russian Federation, the concepts of "security", "state security", "state security" and "security of citizens" are synonymous.

  At the same time, in the context of the same constitutional norms, ensuring the defense of the country and the security of the state are two different spheres of activity of the Russian Federation.We will return to the concept of "defense" later.

At this stage, the author only draws attention to the non-identity of the conceptual content of "defense" and "security", and, at the same time, the presence of interdependence and interrelation of these concepts.  The concept of security in the Russian space is defined as the state of protection of the national interests of the Russian Federation from external and internal threats, which ensures the realization of constitutional rights and freedoms of citizens, decent quality and standard of living, civil peace and harmony in the country, protection of the sovereignty of the Russian Federation, its independence and state integrity, socio-economic development of the country^[1].

This definition is given from the National Security Strategy of the Russian Federation, approved in 2021.The understanding of security as a certain state of security formed the basis of the official definition of security, enshrined in the Law of the Russian Federation of March 5, 1992 "On Security" (now expired)^[2].

The main objects of security were: the individual - his rights and freedoms; society - its material and spiritual values; the state - its constitutional system, sovereignty and territorial integrity. It was meant to protect vital interests from internal and external threats.

In the subsequent Federal Law No. 390-FZ of December 28, 2010 "On Security" (as amended on 11/19/2020)^[3], the legislator circumvented the concept of "security" with caution, avoiding its clear wording, but laid down sufficiently capacious principles for ensuring security. Within the scope of this article, we emphasize the following principles of ensuring security in accordance with Article 2 of this Federal Law:

observance and protection of human and civil rights and freedoms; legality; systematic and comprehensive application of political, organizational, socio-economic, informational, legal and other security measures by federal state authorities, state authorities of the subjects of the Russian Federation, other state bodies, local self-government bodies.

Within the meaning of constitutional norms – articles of the Constitution of the Russian Federation^[4] - the concept of security is mentioned from the position of "defense and security" (paragraph "m" of Article 71), "ensuring national interests and security of the individual, society and the state, as well as maintaining civil peace and harmony in the country, protecting the sovereignty of the Russian Federation, its independence and state integrity, prevention of internal and external threats" (paragraph "g" of Article 83) and repeatedly repeated breakdown into three main elements: "ensuring the security of the individual, society and the state" (paragraph "m" of Article 71).

In numerous studies and scientific literature devoted to the theory of security, the provisions and conclusions are based on the study of constitutional, administrative and sectoral legislation, individual departmental regulations regulating the activities of subjects in a particular area of security.

From the general theory of the origin of the rules of behavior and norms, as society developed, the need to increase the effectiveness of joint activities, taking into account common interests and needs, was formed. The concept of "security" according to some sources (Robert's dictionary)  it began to be used approximately from 1190 and had a semantic meaning as "a calm state of mind of a person who considered himself protected from any danger" ^[5]. For many centuries, man has been striving for the feeling of "being protected from any danger."In organizational terms, the process of ensuring security basically requires a system of relations between the subjects of public life with a whole set of legal, power, administrative, technical and informational measures.

Most authors pay attention to the fact that the concept of "security" contains the basic meaning of the need for both the life of an individual, a family, and an association of people in the form of society and the state as a whole. Accordingly, the three basic levels of security - the individual, society and the state - directly intersect with various functional areas of security^[5,6]. These areas within the framework of the overall national security strategy are: state security, public security, information security, economic security, environmental security^[7].

In addition, the relevant doctrines, federal laws, and the fundamentals of state policy state issues of internal and external security, military, food, transport, fire and other types of security.

In the relatively short period since the beginning of the special military operation in Ukraine (from February to June 2022), many extraordinary events have occurred caused by armed actions on the territory of the Russian Federation by the Ukrainian side, about which the authorities of the border regions of Russia periodically reported in the media. These incidents fully affected the state of protection from external threats associated with the use of military force against objects on the territory of the Russian Federation - that is, they have signs that are inherent in the concept of "security". There are no official statistics of these incidents caused by explosions of shells launched from Ukraine, air strikes and shelling in violation of Russian airspace by the Armed Forces of Ukraine. Summarizing information from information resources of publicly available information, including regional ones, we can state: more than 5 attacks on settlements in the Belgorod region (Zhuravlevka, Staraya Nelidovka, Shebekino, Belgorod oil depot, Sereda)^[8],[9],[13]; 

more than 5 attacks on settlements in the Bryansk region (Klimovo, Belaya Berezka, Zhecha, Sluchevsk, Klintsy)

^{[10],[11],[15]}; more than 2 attacks on settlements in the Kursk region ^[12],[14].

 The above are examples of incidents that have received the greatest public response due to significant destruction of buildings, structures, and deaths.

At the same time, the number of incidents in the border areas from the actions of sabotage and reconnaissance groups of Ukraine, accidents on railway transport and related to the detection of explosive devices in the border regions of Russia is growing and deserves special attention.In modern conditions of functioning of state bodies as a whole, all horizontal levels, as elements of the security system, must ensure the individual, society and the state in a specific area of activity in order to create conditions for the stable functioning of the security system as a whole.

Horizontal levels of security include: provision of political, military, economic, information, social, environmental, fire and other activities. Security in the Russian Federation has its own legal basis, which is a set of norms that differ in legal force and relate to various branches of law.

The key aspect of the essence of security is the state of security and, accordingly, interim measures on the part of the state.In particular, V.A. Zolotarev notes that such a type of security as military provides for maintaining the defense potential of the Russian Federation at a level sufficient to ensure the security of the country in case of crisis situations in the immediate vicinity of Russia's borders, ensuring effective defense (effective protection of Russia's interests), as well as, if necessary, to participate in collective international actions to deter potential aggression against other states^[16].

 Border security is an integral part of the national security of the state, which represents the state of protection of political, economic, informational, humanitarian and other interests of the individual, society and the state at the state border and in the border area.

"Economic security is the state of protection of the national economy from external and internal threats, which ensures the economic sovereignty of the country, the unity of its economic space, conditions for the implementation of strategic national priorities of the Russian Federation" - follows from the Strategy of Economic Security of the Russian Federation for the period up to 2030^[17]. The economic security of the state means the protection of all levels of the country's economy from dangerous actions that can be either a consequence of the conscious impact of any factor, or be the result of a natural disaster, man-made disaster and other dangerous effects (for example, an epidemic, an armed conflict)^[18]."Military security of the Russian Federation is a state of protection of vital interests of the individual, society and the state from external and internal military threats associated with the use of military force or the threat of its use, characterized by the absence of a military threat or the ability to resist it" - a definition that is present in the military doctrine of the Russian Federation ^{[19, paragraph8]}.

"Fire safety is the state of protection of the individual, property, society and the state from fires," as the Federal Law "On Fire Safety" states^[20], and the foundations of the state policy of the Russian Federation in the field of fire safety define the system of ensuring this type of security as "a combination of forces and means, as well as legal, organizational, of an economic, social, scientific and technical nature, aimed at preventing fires, extinguishing them and carrying out emergency rescue operations"^{[21, item 4]}.

We will not continue to cite references from legal acts and list, by and large, the synchronous semantic meanings of all levels of security that were affected in the regions bordering Ukraine. Focusing attention in this article on the introduction of possible legal regimes in these regions, due to the shaken state of security, we note that most of the listed incidents were officially recorded as emergencies.

In general, everything related to emergency situations (primarily of a natural and man-made nature) belongs to the sphere of issues related to ensuring state and public safety ^{[1, paragraph43]}.

Public safety is understood as "the state of protection of a person and a citizen, material and spiritual values of society from criminal and other illegal encroachments, social and interethnic conflicts, as well as from natural and man-made emergencies." Ensuring public safety according to the Concept of Public Safety in the Russian Federation ^[22] is the implementation of "a system of political, organizational, socio-economic, informational, legal and other measures determined by the state aimed at countering criminal and other unlawful encroachments, as well as at preventing, eliminating and (or) minimizing the consequences of natural and natural disasters." technogenic nature" (subclause "b" item 6), measures "to improve public administration in the field of fire, chemical, biological, nuclear, radiation, hydrometeorological, industrial and transport safety" (subclause "d" item 5). We will not continue to cite references from legal acts and list, by and large, the synchronous semantic meanings of all levels of security that were affected in the regions bordering Ukraine.

We will note quite clearly in this section only the fact that the degree of protection of the population in certain regions was affected by threats associated with the use of military force, as well as by the further threat of its use. From this context, we will ask the question accordingly: is it permissible to qualify the situation as an armed conflict on the basis of individual episodes of the actions of the armed forces and what legal regime should operate? 2. Legal regimes on the territory of the Russian Federation within the framework of a special military operation conducted outside its borders

With regard to the Russian regions bordering Ukraine, 2022 introduced a previously unusual specificity into the well-established emergency response system. Such subjects of the Russian Federation as Belgorod, Bryansk, Voronezh, Kursk, Rostov regions, Krasnodar Territory, the Republic of Crimea had experience in preventing, responding to and eliminating emergencies caused by accidents on transport, at heat supply, water supply, electric power, forest and other landscape (natural) fires, flood, rain flood, etc. other disasters and catastrophes, the sources of which were natural phenomena or man-made processes. For the Russian regions bordering Ukraine, such incidents as the detection (explosions) of explosive objects from the Great Patriotic War as a result of earthworks were also regular. Each such explosive object in the territories, according to State criteria, referred to an emergency situation requiring the provision of security measures against the population, followed by the destruction of these objects in accordance with the established procedure. However, the finding and neutralization of modern explosive devices and unexploded shells at life support facilities, mass evacuation of the population and relocation to safe areas due to the threat of shelling of residential buildings forces a legal understanding of the situation that has developed in these regions.What is happening in Ukraine from a legal point of view is an international armed conflict.

For Russia, it became such from the moment of military intervention on the side of the Donetsk and Lugansk republics recognized by it in their confrontation with the Ukrainian authorities, while earlier for our country it was an armed conflict of a non-international nature, in other words, an internal Ukrainian affair^[23]. This view was voiced in Russian periodicals by the most experienced international lawyer, Professor Tuzmukhamedov B.R. and there is nothing to add or object to.Historically, concern about the guaranteed protection of civilians in any military action has been found in the writings of many scientists and well-known figures of the world community.

Thus, the universal idea of the French General of the medical service Georges Saint-Paul in 1931 is known about the creation in all countries of well-designated safe zones ("neutral zones") in which some categories of the unprotected population (elderly people, children, women and other persons requiring care) could find refuge. The idea of J. Saint-Paul implied the recognition of entire cities and districts as inviolable even in peacetime by bilateral or multilateral agreements.  The four Geneva Conventions of 1949, two Additional Protocols of 1977 to them, and one Additional Protocol of 2005, as generally recognized fundamental international documents applied during armed conflicts (the field of international humanitarian law), are the results of the recognition by the world community of the need to establish certain minimum humanitarian standards for situations that would have all the characteristics of war.

These documents provide for the admission of attacks on military facilities that, by their nature, purpose or use, become a legitimate target of attack. However, not all military facilities can be recognized as legitimate targets of attacks (for example, a military airfield or a divisional food warehouse, which, due to the retreat of enemy forces, is not used by personnel for its intended purpose), since from the point of view of international humanitarian law, any useless destruction is illegal, even if non-civilian objects are destroyed.

Currently, the Geneva Conventions of 1949 have been ratified by over 190 (196, including Ukraine) States. Protocol I, concerning the protection of victims of international armed conflicts, has been ratified by about 170 (174, including Ukraine, but excluding the USA, etc.), and Protocol II, concerning the protection of victims of non-international armed conflicts, by 160 (169, including Ukraine, but excluding the USA, etc.) States.

The nature of armed conflicts over the long period that has passed since the end of the Second World War, of course, has changed significantly. Armed conflicts preceded or accompanied by the declaration of war or martial law in opposing States and armed forces have become, if not an exception, then a rare phenomenon^[24].

From the standpoint of international law, war is the highest category of armed conflict when the armed forces of states or their coalitions oppose each other^[24]. If we consider the situation in the Russian regions bordering Ukraine from the standpoint of armed conflict, then we should operate with concepts from the official Russian military doctrine ^{[25, paragraph 8]}:a) military security of the Russian Federation - the state of protection of vital interests of the individual, society and the state from external and internal military threats associated with the use of military force or the threat of its use, characterized by the absence of a military threat or the ability to resist it; b) military danger - the state of interstate or intra-state relations, characterized by a combination of factors capable of under certain conditions, lead to the emergence of a military threat; c) military threat - a state of interstate or intra-state relations characterized by the real possibility of a military conflict between the opposing parties, a high degree of readiness of any state (group of states), separatist (terrorist) organizations to use military force (armed violence); d) military conflict - the form of resolving interstate or intra-state contradictions with the use of military force (the concept covers all types of armed confrontation, including large-scale, regional, local wars and armed conflicts); e) armed conflict - an armed clash of limited scale between states (international armed conflict) or opposing parties within the territory of one state (internal armed conflict);

f) a local war is a war in which limited military and political goals are pursued, military actions are conducted within the borders of opposing states and which mainly affects the interests of only these states (territorial, economic, political and others). It should be noted that the differentiation of definitions of the concept of war has always been approached with caution due to the cardinal differences in the dissemination of international measures and legal documents.

In the Military Doctrine of the Russian Federation in 2010, two concepts were differentiated for the first time: "armed conflict" and "military conflict" ^{[26, item6]}.  The subsequent Military Doctrine of the Russian Federation in 2014 retained the generalizing concept of "military conflict" in relation to the concepts of "war" and "armed conflict".  Military conflict is a form of conflict resolution with the use of military force ^{[25, paragraph 8]}, which can take place both in the form of war with corresponding changes in public life and the work of the country's economy, and in the form of armed conflict - the limited use of military force.Now let's return to the above-mentioned nuance that the concepts of "defense" and "military security" are not identical.

These terms cannot be used without taking into account their conceptual content, especially through the prism of Russian legislation. Defense and security are closely interrelated and mutually dependent. The position that "defense and security" are under the jurisdiction of the Russian Federation ^{[4, Article 71]} should be taken into account directly when planning and implementing measures by security entities to protect the vital interests of the country from internal and external threats. In this regard, an interesting legislative and organizational structure is the normative consolidation in the field of defense of issues that ensure a long-term orientation to cases of war and military conflicts of norms-goals and norms-principles involving bringing into combat and mobilization readiness, the implementation of civil and territorial defense measures.

In accordance with the principles of the organization and conduct of civil defense in the Russian Federation, there is a concept of "military conflict".

The "military conflict" is mentioned in the context of the advance preparation of the state in peacetime to conduct civil defense "taking into account the means of protecting the population from the dangers arising from military conflicts or as a result of these conflicts, as well as in emergency situations of a natural and man-made nature" ^{[27, Article 4]}, that is, before the legally recognized fact of the military offensive conflict.Whatever the armed conflict, its occurrence on the territory of one State will in any case affect neighboring States, disrupting trade, transport links, displacing civilians and leading to forced internal migration and cross-border flows of refugees, thus creating conditions for the emergence of new conflicts or emergencies.

It should be noted that in the Russian Federation, the protection of the population, material and cultural values from the dangers arising from military conflicts and emergency situations is closely linked to the fundamentals of state policy in the field of civil defense.  It is believed that "maintaining the state of civil defense at the required level is necessary for effective appropriate protection of the population"^{[28, paragraph5]}. At the same time, as stated in the policy pursued by the state, ensuring the protection of the population and territories from emergency situations has to be carried out "in conditions of geopolitical instability and against the background of new threats to the national security of the Russian Federation, having a complex interrelated nature."

If we consider the military danger from Ukraine from the position of establishing special legal regimes on the territory of the Russian Federation, we should start first of all from constitutional norms. In accordance with part 2 of Article 87 of the Constitution of the Russian Federation and the Federal Constitutional Law "On Martial Law"^[29] if there are signs of aggression against the Russian Federation or an immediate threat of aggression by the President of the Russian Federation, martial law is imposed on the territory of the Russian Federation or in some of its localities. Martial law neither on the territory of the Russian Federation, nor on the territories of the Belgorod, Bryansk, Smolensk, Kursk, Rostov regions, the Republic of Crimea since the beginning of the announcement of a special military operation from February 24, 2022 has not been envisaged and has not been introduced. At the same time, there were regular reports in the mass media (we pay attention to the word "mass", that is, widespread and general access) about the expected introduction of martial law in Russia^[30].

Indeed, the legal regime of martial law is provided for by legislation and acts as an important element of the state-legal system of the Russian Federation, ensuring the security of the state. This element contains a set of extraordinary organizational measures, including those restricting individual rights and freedoms, and is designed to eliminate a security threat – "creating conditions for repelling or preventing aggression against the Russian Federation"^[31]. At the same time, the introduction of martial law can be carried out in the presence of extraordinary circumstances (not to be confused with "emergency situations"), which are regulated by the supreme law of the country – the Constitution of the Russian Federation and the Federal Constitutional Law "On Martial Law".

According to the official position of Russia, the nature of the incidents in the regions bordering the territory of Ukraine does not contain sufficient grounds for the introduction of martial law. In this context, the actions of local authorities, in our opinion, are fully consistent with civil defense measures. Along with the Military Doctrine of the Russian Federation, which determines the constant readiness of civil defense forces both in peacetime and during the immediate threat of aggression, in wartime ^{[19, paragraph39]}, Federal Law No. 28-FZ of 12.02.1998 "On Civil Defense" clearly defines the dangers arising from military conflicts or as a result of these conflicts. Such "hazards" are "a set of conditions that have developed as a result of the use (impact) or threat of use (impact) of various types of weapons or as a result of emergency situations and in which there is a threat of the impact of damaging factors on the population, material and cultural values and the environment, or there is a possibility of such a threat"^[27,v.1].

As can be seen from the reference of the above federal law, everything is quite clear and transparent in the regulatory plan. As a result of the use of weapons by the Armed Forces of Ukraine on objects in the border territories of the Belgorod, Bryansk, Smolensk, Kursk, Rostov regions, the Republic of Crimea by launching missiles and airstrikes, the state authorities of the subjects of the Russian Federation should carry out civil defense measures. Such measures include: carrying out emergency rescue and other urgent work; priority life support for the affected population, partial evacuation to safe areas; fighting fires; restoring and maintaining order in the affected areas; urgent restoration of the functioning of necessary public services; ensuring the constant readiness of civil defense forces and means.

That seems to be it. But why and why are foreign mass media "rumbling" with fear about the introduction of martial law by Russia and the existence of sufficient grounds for this?

According to the Federal Constitutional Law, martial law implies general or partial mobilization, the introduction of a special mode of operation of facilities that ensure the functioning of transport, communications and communications, energy facilities, the seizure, in accordance with federal laws, of property necessary for the needs of defense from organizations and citizens, internment (isolation) of citizens of a foreign state and other measures, as well as restrictions on the rights of and freedom. From the reports of foreign news agencies, the idea is additionally cultivated that after the introduction of martial law by the Russian Federation, Russia will officially declare a state of war against the outside world, after which foreign property will be nationalized, economic and financial activities of persons with foreign capital will be limited.

According to another federal constitutional law, in cases of "... mass riots, terrorist acts, blocking or seizure of particularly important objects or certain localities, ... interethnic and regional conflicts accompanied by violent actions that pose an immediate threat to the life and security of citizens, the normal activities of state authorities and local self-government bodies ..., as well as emergency situations..., as a result of accidents ..., catastrophes ... and other disasters that have caused (may cause) human casualties, damage to human health and the environment, significant material losses and violation of the living conditions of the population and requiring large-scale rescue and other urgent work" a state of emergency may be introduced throughout the territory of the Russian Federation or in its separate localities^[33]. 

At this stage of consideration of the entire possible variety of security measures, it is proposed to draw a line, drawing attention to the fact that neither martial law nor a state of emergency in 2022 were introduced in the territories of the Belgorod, Bryansk, Voronezh, Kursk, Rostov regions, Krasnodar Territory, and the Republic of Crimea.Since April 2022, certain restrictive regimes have been introduced in the Russian regions bordering Ukraine as part of the threat of terrorist danger.

Thus, according to Federal Law No. 35-FZ of 06.03.2006 "On Countering Terrorism", actions aimed at committing an explosion, arson or other actions that frighten the population and create a danger of human death, causing significant property damage or other serious consequences, in order to destabilize the activities of authorities or influence their decision-making, and also, the threat of committing these actions for the same purposes – all this by its characteristics refers to a "terrorist act" ^{[34, Article 3]}.In accordance with the Procedure for Establishing the levels of Terrorist danger, providing for the adoption of additional measures to ensure the security of the individual, society and the State, approved by 

Decree of the President of the Russian Federation No. 851 of 06/14/2012^[35] provides for three levels of terrorist threat on the territory of the Russian Federation: elevated ("blue"), high ("yellow") and critical ("red"). In the Belgorod Region, two districts of the Voronezh Region, in two districts of the Krasnodar Territory, partially on the territory of the Crimea, in the entire Bryansk and Kursk regions, appropriate levels of terrorist danger have been established since April 11, 2022. It should be noted that the decision-making was based on confirmed information about the real possibility of committing a terrorist act in a separate section of the territory of the Russian Federation. At the same time, decisions on the establishment, modification or cancellation of elevated ("blue") and high ("yellow") levels of terrorist danger were made by the chairman of the anti-terrorist commission in the relevant subject of the Russian Federation in coordination with the head of the territorial security body in the relevant subject of the Russian Federation ^{[35, paragraph 4]}. Decisions were based on confirmed information about the real The possibility of committing a terrorist act was accompanied by additional security measures, including the transfer of medical organizations, forces and means to eliminate the consequences and conduct rescue operations, the establishment of monitoring checkpoints, increased control of entry, exit, transit passage.

Basically, all of the above regions have repeatedly extended the effect of terrorist danger levels, with the exception of the Voronezh Region, where the "yellow" level was canceled from May 26, 2022, and in the Rostov Region, where protection measures were strengthened in border areas without establishing terrorist danger levels, limited to the "emergency" regime introduced in the region since 19 February 2022, when refugees from Ukraine began to arrive in the region.

The border regions are also characterized by such a feature in the light of a special military operation as measures to equip temporary accommodation facilities caused by the movement of Ukrainian citizens and procedures for recognizing such persons as refugees.The distribution of persons recognized as refugees or who have received temporary asylum and previously permanently residing in the territories of Ukraine, Donetsk People's Republic, Luhansk People's Republic is carried out in accordance with the quota established by the Government of the Russian Federation for the distribution of these persons for each subject of the Russian Federation - Decree of the Government of the Russian Federation of 12.03.2022 No. 349 as amended on 18.04.2022 as persons who forcibly left the territories and arrived on the territory of the Russian Federation in an emergency mass order.

  In the total distribution as of April 18, 2022, the permissible number of persons recognized as refugees or who have received temporary asylum assumes 95,146 people in all regions of the Russian Federation with the exception of Moscow, St. Petersburg, the Republic of Crimea, Sevastopol.The administrations of the Belgorod, Bryansk, Kursk, and Smolensk regions should ensure the reception of persons who arrived in an emergency mass order from the territory of Ukraine, the Donetsk People's Republic, and the Luhansk People's Republic with a certain quantitative readiness (see table 1).

Table 1 Established estimated number of reception and accommodation of citizens of Ukraine, Donetsk People's Republic, Luhansk People's Republic for individual subjects of the Russian Federation for 2022 No.

At the same time, in practice, most of the listed incidents were officially recorded as emergencies or threats of terrorist acts, with the introduction in some cases of high-alert regimes, emergency situations and the establishment of terrorist danger levels. 3. Legal boundaries of the "emergency" category

Every fact of shelling, illegal actions with the use of weapons in the border territories of the Belgorod, Bryansk, Kursk, Rostov regions, Krasnodar Territory, the Republic of Crimea was accompanied by the response of civil defense forces, forces of the unified state system of emergency prevention and response.

Depending on the consequences of the incidents, an emergency regime was introduced by the decision of the regional (local) authorities, and the incident itself was registered as an emergency. Generalized data on emergency situations, which in the Russian Federation are reflected in statistical accounting with signs of a natural and man-made nature, from the beginning of 2022 in the subjects of the Russian Federation under consideration will be ironed out as follows:

Table 2 Summary of emergency situations in the Belgorod, Bryansk, Voronezh, Kursk, Rostov regions, Krasnodar Territory, Republic of Crimea for the period from 01.01.2022 to 30.05.2022 Nature of the emergency situation (emergency)

   At the same time, during the incidents, in addition to the victims, 40 people died in less than six months. Below is the information in the framework of operational accounting of incidents and official statistical accounting of emergency situations for the same period caused by military actions on the part of Ukraine.Table 4 Summary of incidents with signs of a possible threat of an emergency situation that occurred as a result of the aggravation of the situation on the territories bordering Ukraine in the Belgorod, Bryansk, Kursk, Rostov regions, Krasnodar Territory, Republic of Crimea for the period from 01.01.2022 to 30.05.2022No.Date Place of incident Description of the incident Media about the incident Suffered Killed 24.02.2022 Belgorod region, city Belgorod district, Belgorod Detection (explosion) of an explosive object Regional Belgorod, Dalnaya Sadovaya str. 112. Volchanskaya str., 159. Rovensky district, Nagolnoye village, Liberation str., Severny str. Transport, 3; Maysky-80, Industrialnaya str. 136. with Belovskoye, Molodezhnaya str., 9, S. Verkhososna.

As for the rest of the cases, information about them either passed as operational departmental records, or their origin became known from the media, social networks.Federal Law No. 68-FZ dated 21.12.1994 "On the Protection of the Population and territories from natural and man-made emergencies" interprets the "emergency situation" to mean the situation in a certain territory that has developed as a result of an accident, a dangerous natural phenomenon, a catastrophe, the spread of a disease that poses a danger to others, a natural or other disaster that may cause or have caused human casualties, damage to human health or the environment, significant material losses and violation of the living conditions of people.

The criteria for attributing information about emergency situations are regulated by Decree of the Government of the Russian Federation No. 304 of 21.05.2007 "On Classification of natural and man-made emergencies"^[45], Decree of the Government of the Russian Federation No. 376 of 17.05.2011 "On emergency situations in forests caused by forest fires"^[46], Order of the Ministry of Emergency Situations of Russia No. 429 of 05.07.2021 "On the establishment of criteria for information on natural and man-made emergencies"^[47].

Within the framework of the topic of this article, it should be noted that the criteria established by the order of the Ministry of Emergency Situations of Russia dated 05.07.2021 No. 429 for classifying a situation as an emergency consolidate many existing norms in the field of accidents and incidents in transport, life support systems, destruction (collapse) in buildings and structures, release, dumping of hazardous chemicals, nuclear materials, spill (emissions) of oil and petroleum products, dangerous geophysical, meteorological, hydrometeorological, hydrological phenomena, dangerous phenomena in forests, biological hazards. The exceptions that do not fall within the scope of regulating natural and man-made emergencies are terrorist acts, acts of aggression and events caused by armed conflicts.

Today in the Russian Federation there are two relatively interconnected complex systems of protection of the population from dangers and threats – this is civil defense (hereinafter – GO) and – the Unified State System of Prevention and Liquidation of Emergency Situations (hereinafter – RSChS). And if civil defense was developed to ensure state protection from the dangers of wartime, then the Emergency Response was developed in order to protect the population and territories of the Russian Federation from natural and man-made emergencies in peacetime.

Over the past three years, the relevance of the integration of civil defense and emergency situations issues has been increasingly heard at conferences, discussions at round tables, in scientific papers and speeches as the official position of the EMERCOM of Russia^[48]. Both systems have a lot in common - one object of protection, almost synchronous ways of providing protection. A comparative analysis of the regulatory legal regulation of measures in the field of civil defense and emergency situations demonstrates the similarity of the target orientation, with the only difference in the functioning of these systems: in peacetime and in conditions of military conflicts. It seems that along with the already approved Concept of integration of the unified State system of emergency prevention and Response and civil defense ^[49], the acquired experience of responding to the above incidents in border areas with unresolved regional conflicts will only contribute to the speedy integration of the two state systems of protection of the population.

Every emergency situation is not only extremely unpredictable in the nature of its occurrence and impact, whether it is a fire, explosion, accident, catastrophe or natural phenomenon. The emergency situation is caused by significant changes and difficulties in the social and economic situation in the relevant territory.

"The situation that has developed as a result of an accident, a dangerous natural phenomenon, a catastrophe, a natural or other disaster" (from the definition of the concept of "emergency")  It undermines the national economy and affects people's lives, entails significant direct and indirect consequences and costs for the population. Additionally, it should be taken into account that the process of "emergency response" itself is carried out in conditions of surprise, characterized by urgency and urgency of actions, accompanied by the adoption by officials of decisions on the introduction and removal of the "emergency situation" regime (Part 10 of Article 4.1; Article 10; Article 11; Article 13)^[50], the mode of operation (Part 6 4.1), changes in response levels (Part 8 of Article 4.1) on the territory of the Russian Federation or in its individual localities, as well as additional involvement of forces and means. At the same time, the substantive basis of the decisions of the authorized official on the attribution of a particular situation to an "emergency" always contains economic, organizational, legal and social aspects. All this is due to the fixed system of rights, duties, powers and responsibilities in the emergency zone, the possibility of "activating" a higher level of response with appropriate organizational solutions. Conclusions</span> Rulemaking is always late due to its inertia from the realities of the events taking place, as a result of which a fairly long period of time passes from the moment of identification of normative inconsistencies or gaps to their legislative elimination.

In this regard, legislative foresight is important, ahead of time and allowing for the possibility of operational adjustment of the settlement of the emerging relations.It was proposed to revise the concept of "emergency situation" in one of the recent draft laws involving amendments simultaneously to the Federal Law "On Civil Defense" and the Federal Law "On the Protection of the Population and Territories from Natural and Man-made Emergencies" (draft Federal Law No. 33097-8), which was submitted to the State Duma of the Russian Federation Federation back in December 2021.

The draft law provides for an emergency situation to include any "circumstances that may entail or have entailed human casualties, damage to human health or the environment, significant material losses and violation of the living conditions of people, including the termination of the functioning of life support facilities, transport, logistics and social infrastructures, credit institutions, educational, health, social services, energy, industry and communications, as well as mass violations of public order." In addition, the protection of the population and territories of the Russian Federation in the context of this draft law extends its effect to emergencies of a different nature than natural and man-made. Such a breadth of coverage would characterize the situation in 2022 in the border areas of the Belgorod, Bryansk, Kursk, Rostov regions, Krasnodar Territory, the Republic of Crimea, in addition to the established levels of terrorist danger, as "extraordinary", due to potential threats from Ukraine that could disrupt the living conditions of people, transport, logistics and social infrastructure, the functioning of energy facilities, industry and communications.

As A.A. Bartosh rightly noted, "it is important for the successful solution of the complex of security tasks to have a clear idea of what the nature, meaning and goals of the future war will be, in what forms, by what means and methods the national security of the state should be ensured"^[51]. That is, the correct prediction of the nature of threats launches a legislative process in the right way, which will ultimately entail, with the adoption of the relevant law, organizational mechanisms to ensure the protection of the population. We are not even talking about the declaration of common humane values and political attitudes in doctrines, laws and norms.

We are talking about those cultural and moral requirements that Russian society imposes or expects in the situation that is developing, not virtually, but in reality, from state bodies and the ways of their functioning in security matters. The Russian system of protection of the population and territories from emergency situations is now in a state in which new approaches of thinking and activity are being formed, combining organizational elements from other areas of security.

Even if the nature of the response to dangerous events with military participation is familiar to firefighters and rescuers, municipal and emergency services (extinguishing fires, rescuing people, restoring infrastructure, evacuating the population), the very state of daily life of the population in the regions bordering Ukraine has a higher degree of "emergency" than in Moscow, other cities and regions life-support facilities, transport, social infrastructure, education, healthcare, social services, energy, industry and communications facilities are operating normally until the shells reach them. Analysis of the legal framework and scientific literature indicates that security issues are in the field of constant attention of lawmakers and researchers.

However, right now the most timely will be a concrete and practical analysis of the conceptual foundations in ensuring public security against the background of an open aggressive policy against Russia, a demonstration of foreign military force and direct supplies of weapons to the territory of Ukraine. In substantiation of the hypothesis put forward about the need to transform some civil defense issues into the sphere of protecting the population and territories from emergencies, and to expand the list of emergencies and not limit them to natural and man-made incidents, the author proceeds from the assumption that activities in this area are already being carried out, more precisely, implemented when civil forces respond to the consequences of military actions.

Consequently, in practice, the main elements have already been created for the implementation of the new concept of protection (security) of the population and territories of the state from emergency situations in the interdependent relationship of public security, defense, including civil defense, both of the country and of each region. The next layer to be raised in the future will concern the fact that the traditional system of responding to accidents, accidents, catastrophes and emergencies, which includes the training of relevant specialists for actions intended for and training of the population, should be reoriented to a closer functioning of the forces and means of the Ministry of Emergency Situations of Russia with the Ministry of Defense of the Russian Federation, as well as the Ministry of Internal Affairs Russia, the FSB of Russia for all incidents, accidents with a military component.

Accordingly, the accounting of all such incidents should become uniform: according to the criteria of "emergency situations" or according to the criteria of "emergency incidents". The risks of the occurrence of adverse consequences on the objects of vital activity in the border regions should also be reviewed, not only from the perspective of a risk-oriented approach to natural and man-made emergencies, but also on the basis of indicators of the level of air defense and characteristics of weapons and damaging factors in cases of its use from the territory of a bordering state. The need to integrate the security of the population in the face of immediate threats of aggression against the Russian Federation, the spread of armed conflicts into the system of prevention and response to natural and man-made emergencies is due to the fact that the challenges of modernity are forced to bring into a single plane the issues of response not only firefighters and rescuers, but also all law enforcement agencies, medical institutions, utilities without differences from the causes of accidents, fires, destruction, whether it is a natural phenomenon or a shell explosion.

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