Good day to you all. Today you will learn where the territory of the Russian Federation is located according to the Draft Constitution of the Russian Federation. Is land included in these territories? What are the continental shelf and the exclusive economic zone? Believe me, when you read everything thoughtfully, your processor in your brain will freeze up.
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Where the territory of the Russian Federation is located
In general, open the Draft Constitution of the Russian Federation on page 19 and read Article 67:
Article 67. The territory of the Russian Federation
Translation: 1. The territory of the Russian Federation shall include the territories of its constituent entities, internal waters and the territorial sea, and the airspace above them. Federal territories may be established on the territory of the Russian Federation in accordance with federal law. The organization of public authority on federal territories shall be established by the said federal law <*>.
2. The Russian Federation shall have sovereign rights and exercise jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation in accordance with the procedure established by federal law and the norms of international law.
2.1 The Russian Federation shall ensure protection of its sovereignty and territorial integrity. Actions (with the exception of delimitation, demarcation and redemarcation of the state border of the Russian Federation with neighboring states) aimed at the alienation of part of the territory of the Russian Federation, as well as calls for such actions shall not be allowed <*>.
3. Borders between constituent entities of the Russian Federation may be changed with their mutual consent.
In paragraph 2, we need to clearly understand what it means to exercise jurisdiction on the continental shelf and in the exclusive economic zone. To do this, we turn to the Federal Laws, which clearly and understandably provide a definition of unfamiliar words. For the continental shelf, 187-FZ of 30.11.1995, as amended on 13.07.2020 is written:
Article 1: Definition and boundaries of the continental shelf of the Russian Federation
Translation: The continental shelf of the Russian Federation (hereinafter referred to as the continental shelf) shall include the seabed and subsoil of submarine areas beyond the territorial sea of the Russian Federation (hereinafter referred to as the territorial sea) throughout the natural extension of its land territory to the outer limits of the continental margin.
The submerged continental margin is the continuation of the continental mass of the Russian Federation including the surface and subsoil of the continental shelf, slope and rise.
The definition of the continental shelf also applies to all islands of the Russian Federation.
The outer boundary of the continental shelf is the outer boundary of the territorial sea.
Taking into account the provisions of Article 2 of this Federal Law, the outer limit of the continental shelf shall be at a distance of 200 nautical miles from the baselines from which the width of the territorial sea is measured, provided that the outer limit of the underwater margin of the continent does not extend for a distance of more than 200 nautical miles.
Where the submarine margin of the mainland extends beyond 200 nautical miles from the said baselines, the outer limit of the continental shelf shall coincide with the outer limit of the submarine margin of the mainland as determined in accordance with international law.
You can download the law itself through this QR code below.
In general, everything is clear with the continental shelf – it is a maritime territory, but not land. Now let’s deal with the exclusive economic zone. For it was created 191-FZ from 17.12.1998 in the edition of 27.06.2018, and is in force from 01.01.2019 to the present day. What is written in this legislative act:
Article 1: Definition and Boundaries of the Exclusive Economic Zone of the Russian Federation
Translation: 1. The exclusive economic zone of the Russian Federation (hereinafter also referred to as the exclusive economic zone) shall be a maritime area which is outside the territorial sea of the Russian Federation (hereinafter referred to as the territorial sea) and adjoining it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation and norms of international law.
The definition of the exclusive economic zone shall also apply to all islands of the Russian Federation, with the exception of rocks which are not suitable for supporting human life or carrying out independent economic activities.
2. The internal boundary of the exclusive economic zone shall be the outer boundary of the territorial sea.
3. The outer boundary of the exclusive economic zone shall be at 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, unless otherwise stipulated by the international treaties of the Russian Federation.
What a fabulous coincidence! It turns out that the continental shelf and the exclusive economic zone are one and the same place in the sea. It turns out that the jurisdiction of the Russian Federation does not apply to the territory on which we all live.
By the way, you can download 191-FZ or read it by QR-code below.
What it means to exercise jurisdiction
However, it’s not all that simple. Let us understand the concept of exercising jurisdiction.
Jurisdiction is the power to decide on cases of offenses or violations of any disputes, to recognize any actions as illegal, to impose fines, to establish sanctions. In fact, the RF does not have the power to exercise jurisdiction on the territory of the RSFSR. Why we are talking about the RSFSR I wrote here.
It is worth mentioning that there is a law on borders of the Russian Federation dated 01.04.1993 No. 4730-I On the State Border of the Russian Federation. This is what is spelled out there:
Article 2. Principles of Establishing and Changing the State Border, Establishing and Maintaining Legal Relationships at the State Border
Translation: The State border of the Russian Federation shall be the border of the RSFSR, fixed by existing international treaties and legislative acts of the former USSR; the borders of the Russian Federation with neighboring states not fixed by international law shall be fixed by treaty.
In establishing and changing the course of its State border, establishing and maintaining relations with foreign states on the State border, as well as regulating legal relations in the border areas (water areas) of the Russian Federation and on international communication routes that run through Russian territory, the Russian Federation shall be guided by the principles
- ensuring the security of the Russian Federation and international security;
- mutually beneficial comprehensive cooperation with foreign states;
- mutual respect for sovereignty and territorial integrity of States and the inviolability of their borders;
- peaceful resolution of border issues.
From all the facts presented, the following two conclusions emerge:
- there is a law on the border of the RF, which is the border of the RSFSR;
- the RF does not have the authority to exercise jurisdiction on land within the borders of the RSFSR
There are several questions:
- Does the RF violate its own laws by exercising jurisdiction on land within the borders of the RSFSR?
- If it does not violate it, on what grounds does the RF exercise jurisdiction on the territory of the RSFSR?
Think about this. If the Russian Federation is a commercial firm, it must follow international commercial rules. Such a rule is the UCC Uniform Commercial Code. The UCC defines the treatment of all types of securities, such as:
- bonds,
- promissory notes,
- offers,
- contracts,
- currencies,
- means of payment,
- funds.
Regardless of the status of the subject: a government agency or a commercial firm, it can put a security into circulation. Territory has nothing to do with it. As a guess, we can use this very version. When in the form of a bill of exchange the firm (so-called court) sends a court decision to a physical person.
And if the person who considers himself a natural person doesn’t realize what document was sent to him, he is trapped. Physically, being on land – the territory of the USSR, he admits that legally he is ready to bear responsibility, as if being on the continental shelf.
Conclusion
I have speculations as to why the RF does so, but I cannot yet give reasonable and clear answers. I think that the essence lies in the self-identification and will of each person. As long as the RF is the guardian of incapacitated individuals who call themselves citizens of the RF, the questions disappear by themselves.
It’s time to get rid of incapacitation through the restoration of your Kin! What does it mean? First of all, it is the ability to take responsibility and fulfill the duties imposed:
- By our ancestors of the Slavic-Aryan Clans,
- The Kons of the Universe,
- The will of the human race, if there is any.
Good day to you all!
