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Section 18. Science of law
Gushchyn Oleg Aleksandrovich, Taras Shevchenko National University of Kyiv, postgraduate
E-mail: [email protected]
The urgency of establishing uniform standards and achieving interoperability of peacekeeping contingents in peace and security operations
Abstract: The paper deals with the standardization of the Armed Forces of Ukraine during international peacekeeping operations. The concept “interoperability" units are part of international peacekeeping forces. Revealed the need for further implementation of standard operating procedures in peacekeeping Ukraine.
Keywords: international peacekeeping operations, operational standards, standard operating procedures, interoperability.
Ukraine’s participation in international peacekeeping operations considered in the context of two critical issues: national security and combat readiness of troops. High business acumen, professionalism, willingness to work in difficult conditions — is only part of the features that are becoming Ukrainian peacekeepers while serving in missions. It depends on their interaction interoperability in international peacekeeping missions.
In June 2012, the Decree of the President of Ukraine № 389/2012 enacted new edition of the National Security Strategy of Ukraine. The Strategy defines the task of reforming the defense and security sector as an integrated system “based on the further implementation of the standards — members of the European Union" and, consequently, to the Armed Forces of Ukraine raised new challenges [1]. These challenges are fixed and detailed in the Military Doctrine of Ukraine [2] Concept of Reform and Development of the Armed Forces of Ukraine for the period up to 2017 [3] and in other documents. One of the main challenges is to build a model of the Armed Forces military standardization as an example of European standards, the basis of which, in turn, is a NATO standard.
It is important that Ukraine in previous years has gained significant experience implementing NATO standards. The basis for this is the active participation in international peacekeeping and security, the NATO Response Force and the Planning and Review Process (PARP) within the international program “Partnership for Peace".
In order to meet the challenges of the development of military regulations, guidelines, methods of evaluating military units and summarize the experience of combat training in December 2012 in Ukraine the Center of operational standards and methods of the Armed Forces of Ukraine was established. As noted by Major General Victor Nazarov, “Major efforts we focus on optimization, simplification and standardization of methods, algorithms and procedures of the authorities in the planning and conduct of operations (combat), the organization of work at border controls, and the list of forms that tested" [4, 71].
However, of course, is only the first step and therefore certainly should recognize that the full standardization system in
Ukraine is not yet established. For example, in Poland standardization documents issued at three levels: 1) state, 2) the level of ministries and 3) at the military level. At the state level standards and state standards in military and civil defense sectors published by running the Polish Committee for Standardization and its Technical Committee № 176. Standards in the military and defense sectors, reference Defence Standardization and results of analytical studies developed by the Military Committee for Standardization and published Minister of Defense. Military Standardization, Quality and Codification acts as the executive department of the Ministry of Defence, managing the standardization process [5, 89-90].
Other operational rules have the form of so-called “executive documents, writs". Depending on the functional areas covered by the executive documents such document issued by heads of departments of the Ministry of Defence / General Staff or the relevant heads of the armed forces. Considering the different spheres of legal regulation, following documents have the following forms: doctrine, guidelines, regulations, instructions, manuals and instructions. In turn rules for the development of appropriate standards approved by the Minister of Defence, Chief of Staff and the commanders of the armed forces. Land, sea and air components corresponding commands are processed armed services [5, 89-90].
For example, in order to adapt to the new security environment Swedish Armed Forces are also in the process of transformation in the expeditionary force high availability. As the commander (navy) Bjorn Marcusson, “the main drivers of transformation began to move away from military service and maintain large army mobilization type, focused on the distribution of costs and burdens cooperation in the form of participation in international security efforts" [6, 114]. He also stresses that the balanced properly interoperability with NATO makes Swedish Armed Forces interesting partner in peacekeeping missions and operations. The standardization process will not only logistical but also standards for administrative and organizational area. The armed forces will become cheaper and easier to hold, if meet common standards [6, 114].
As noted in methodical manual Armed Forces of Ukraine for the preparation and conduct of peacekeeping
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The urgency of establishing uniform standards and achieving interoperability...
operations “participatory peacekeeping contingents and personnel of the Armed Forces of Ukraine in international peacekeeping” interoperability in international peacekeeping and security is achieved in doctrinal, operational and technical levels. Doctrinal interoperability — a readiness units involved in the operation, and their ability to deliver interoperable operations at the operational and tactical levels. Operational interoperability — the ability to agreed joint actions with military units of other states in the operations of the multinational force. Technical interoperability — is the use in operations of the multinational force uniform standards needed to effectively controlling the use of troops and weapons, arms and military equipment and material and technical means [7].
“At the lowest level of technical information is exchanged for a common conception of operation. To characterize this level can or availability of information exchange, or lack of it. At the cognitive, level the exchange of knowledge to achieve understanding. An example of measurement at this level is — a common perception of the enemy, its capabilities and intentions. At the highest organizational and doctrinal level the exchange of working to achieve synchronization (unity of effort). An example of measurement at this level is considered the efficacy of the armed forces, namely, purposeful, coordinated by Concept, place, time steps and the use of resources”, said S. Gatsenko and other co-authors [8, 29].
We believe it is important that the level of interoperability is largely dependent on the quality of standard operating procedures (SOPs) that govern peacekeepers. Each country is trying to develop and harmonize procedures laid down in the following procedural rules.
Standard operating procedures are a kind of statute separate process and determine the functioning of all components of international peacekeeping operations. Based on SOP international peacekeeping operation headquarters peacekeeping contingent develops its own SOPs that determines (specify) task subordinate units and the order of execution.
The issue of legal status, content and performance standards operating procedures in international peacekeeping and security are covered in the order of the Chief of General Staff — Chief of the Armed Forces of Ukraine dated October 22, 2012 № 220 “On approval of the systems operational standards of the Armed Forces of Ukraine (System documents Management, application, training and support)” [9]. In addition, these issues also contains draft Doctrine of the Armed Forces of Ukraine participation in international peacekeeping and security [10].
It should also be noted that the minimum sufficient legal status, content and order of performance standards operating procedures covered in the User involvement of peacekeeping personnel and the Armed Forces of Ukraine in international peacekeeping operations, approved by order of the Minister of Defense of Ukraine of May 10, 2006 № 252 [11].
For example, item nine entitled “peacekeeping contingents and personnel problems of international peacekeeping
operations” and provides that peacekeepers and staff perform tasks of international peacekeeping operations based on:
- The current legislation of Ukraine;
- Mandate of international peacekeeping operations;
- Defined by the command of the international peacekeeping operation tasks;
- Standard operating procedures (SOPs);
- Implementing rules and capabilities of their capabilities;
- Rules of engagement (if these rules are not in SOPs) [11].
This rule is almost the first time in practice implementation Armed Forces of Ukraine peacekeeping tentatively determines the hierarchy of regulations of international character (i. e. not issued national institutions), the prevailing peacekeepers and staff. The main feature of these regulations is their extraordinary legal status.
On the one hand, since virtually level operational/opera-tional plans (or, as stated in the User — defined command of the international peacekeeping operation tasks), such acts mandatory formally implemented in national legislation.
But on the other hand, the actual transition Ukrainian peacekeeping personnel in subordination or multinational command requires that our military is absolutely clear and complete picture of the legal nature, content and structure of such acts.
Moreover, the fact of the peacekeepers in an area where being fighting, they require an understanding of the hierarchical structure of all acts; they should be guided, as national legislation and international/coalition, their value and scope.
Instructions still gives peacekeepers minimum level of understanding of the legal nature of such procedures. The paragraph 9 specifies that when performing tasks peacekeepers guided by the requirements of standard operating procedures, rules of use of force and other regulations of certain international peacekeeping operations.
Typical content of standard operating procedures peacekeeping contingent in Annex 3 to the Regulations. Its content mainly consists of the following components: command and control; organizational aspects of the transaction; basic requirements for order of operations; information procedure for collection and analysis; action in the air, at sea; financial support; personnel and logistics; relations with civilian institutions, mass media.
The modern world peacekeeping covers a wide range of tasks: preventive diplomacy, humanitarian assistance, negotiation, peacekeeping, peace enforcement, peacebuilding and sanctions. Staff missions include not only military but also civilian personnel, police. Accordingly, at the national level in the task of peacemaking involves many agencies, especially the Ministry of Foreign Affairs and the Ministry of Defense. Coordination of all stakeholders and the general management is a major issue administering peacekeeping Ukraine.
We must recognize that today in the structure of the armed forces of Ukraine there is no single unit responsible for organizing the training of peacekeepers. This unit would, in particular, fast off proj ects necessary legislative and regulatory documents
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efficiently formulate the requirements for training in the form of standard operating procedures samples operational plans (orders) or functional responsibilities for peacekeeping.
We believe it would be appropriate to issue a regulation on preparing forces for peacekeeping operations for the short and medium term. This document must specify the purpose of training and the result of each operation, the achievement ofwhich it is directed (taking into account national and international experience). It should also indicate how much, what kind of units and personnel involved in the preparation, as well is training requirements, standards used, and which val-uesof training (standards) are the goal.
Important features of peacekeeping operations are sudden actions of the parties, the dynamic change of scenery. These circumstances lead to a reduction in the time for making decisions on the contingent commander of the task and the time for planning and setting goals.
The existing system of peacekeeping contingents do not meet the requirements for compatibility, efficiency of management and sustainability performance. The principal tool in solving this problem is to unify staff procedures, standardization of technology and communications for NATO samples, development and creation of automated control system contingents. These measures will tie together these management requirements as compatibility, efficiency and stability of their implementation by improving management at a higher level that corresponds to the nature of international peacekeeping operations. Promising research in this direction, we believe consideration and development of standard operating procedures as part of a successful decision-making and implementation of practical actions individually peacekeeping personnel and military peacekeeping forces as part of units.
References:
1. On National Security Strategy of Ukraine/Decree of the President of Ukraine from June 8, 2012 № 389/2012//Official Bulletin of Ukraine of23.02.2007. - 2007. - № 11. - p. 7. - art. 389. - [Electronic resource]. - Available from: http://zakon3. rada.gov.ua/laws/show/105/2007/print 1424085038632809.
2. The decision of the National Security and Defense Council of Ukraine on June 8, 2012 “A new edition of the Military Doctrine of Ukraine”/Decree of the President of Ukraine 06.08.2012. Number 390/2012//Official Gazette of Ukraine 22.06.2012r. - № 45. - stor. 116. - Article 1750. - [Electronic resource]. - Available from: http://zakon4.rada.gov. ua/laws/show/390/2012/card6 # Public
3. On the decision of the National Security and Defense Council of Ukraine of 29 December 2012 “On the Concept of Reform and Development of the Armed Forces of Ukraine for the period up to 2017”/Decree of the President of Ukraine of 29.12.2012 № 772/2012//Official Journal of the Ukraine. - 2013. - № 9. - Р. 18. - art. 326 - [Electronic resource]. - Available from: http://zakon2.rada.gov.ua/laws/show/772/2012/card64Public
4. Nazarov V Priorities and challenges implementing operational standards for the Armed Forces of Ukraine. - Current trends force transformation and implementation experience of East Central Europe Euro-Atlantic standards: Proceedings of the conference. 28-29 May 2013, Kyiv. - K.: Publishing House «Stylos», 2013. - 320 p. - P. 66-72.
5. Sliva Zd. Present and future implementation of operational standards activities of the Armed Forces of the Republic of Poland. - Current trends force transformation and implementation experience of East Central Europe Euro-Atlantic standards: Proceedings of the conference. 28-29 May 2013, Kyiv. - K.: Publishing House «Stylos», 2013. - 320 p. - P. 89-92.
6. Marcusson B. Experience in implementing operational standards in the activities of the armed forces of Sweden. - Current trends force transformation and implementation experience of East Central Europe Euro-Atlantic standards: Proceedings of the conference. 28-29 May 2013, Kyiv. - K.: Publishing House «Stylos», 2013. - 320 p. - P. 114-117.
7. Participatory peacekeeping contingents and personnel of the Armed Forces of Ukraine in international peacekeeping./Tool-kit for the preparation and conduct of peacekeeping operations peacekeeping personnel of the Armed Forces of Ukraine. Part 1. - Weapons and Military Equipment R&D Centre of AF of Ukraine - Kyiv, 2004. - 107 p.
8. Gatsenko S., Ivashchenko A., Hlon S. Requirements for application of national contingents and personnel in international peacekeeping and security//Scientific Papers of the Center for Military and Strategic Studies, National University of Defense of Ukraine. - 2014. - № 1 (50). - Р 28-33.
9. On approval systems operational standards of the Armed Forces of Ukraine (documents on systems management application, training and support)/Order of the Chief of the General Staff - Chief of the Armed Forces of Ukraine on October 22, 2012. - № 220.
10. Draft Doctrine of the Armed Forces of Ukraine participation in international peacekeeping and security. - VCT 01.020.003 -2012 (01). - Kyiv. - 2013. - P. 51.
11. Approval of User Participation peacekeeping contingents and personnel of the Armed Forces of Ukraine in international peacekeeping operations/Order of the Minister of Defense of Ukraine of 10.05.2006. - № 252. - [Electronic resource]. -Available from: http://zakon1.rada.gov.ua/laws/show/z0605-06/page
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