LEGAL REGULATION OF THE STATUS OF PRIVATE MILITARY COMPANIES

Abstract

In our time, private military and security companies, known as private military companies (PVK), are becoming increasingly important. Their growing number, increasing financial and armed strength, the fact that they employ an increasing number of people, and especially the very nature of their business in terms of providing services in the field of security, intelligence, weapons, logistics, etc., up to direct participation in armed operations, even those outside the borders of the state in which they are based, lead to the fact that these entities have an increasing role not only in events within individual states but also in international relations. After a brief review of the concept of PVK and some of the legal issues related to them, the author deals with the problem of international regulation of the position of PVK at the universal and regional level and considers the Montreux Code of Conduct for Private Security Service Providers and some other documents. The author concludes that everything indicates that it is necessary to create new international legal frameworks at the universal level as soon as possible, which would regulate the most important issues such as defining the most important terms; unification of conditions and ways for the establishment, licensing, and registration of PVK; rights and obligations of PVK and their staff; international supervision of PVK and their staff; the responsibility of all actors involved; the difference between a PVK staff member and a mercenary; rules related to the crossing of PVK weapons and equipment across state borders, etc. For now, much remains controversial - what and how should be regulated by a universal international treaty, who should be its members, what mechanisms of international supervision should be provided for, etc., and even on whether it is at all necessary at this time.