Formation of a model of international legal regulation of private military and security activities

The article considers the formation of a model of international legal regulation of private military and security activities. The genesis of the modern development of mercenaries is studied. Four chronological stages are identified, indicating the key events that influenced the emergence of PMSCs and the formation of international legal regulation of their activities. Two approaches to the regulation of private military and security activities are considered: international legal and «soft law». In the framework of the study, we understand the «model» as a predicted option for the optimal legal regulation of future phenomena and processes, which determines the goals and means of forming a new legal state and allows us to make calculations of the real results associated with this. The legal model reflects the level of the current legal order and its development, taking into account the trends, stages and indicators of economic, social and political development, as well as interaction with the norms of the external environment. The model consists of a set of elements that are interconnected. Today, one of the main doctrinal conclusions related to the regulation of private military and security activities is the thesis that in modern conditions the state is losing its monopoly on the use of armed force, which is also called the «privatization of violence», the reason for which is the quantitative increase in the number of PMSCs as non-state actors involved in conflicts, including through the delegation of their functions in the security sphere by states to them. It has been determined that the formation of a model of international legal regulation of private military and security activities was not easy, but over the past years the path has been covered from the finished Draft Convention to a discussion document in eight points and back to the Draft Document, the outlines of which, with the support of a large group of states supporting the development of international legal regulation of private military and security activities, allow us to predict further prospects. The optimal way out of the situation with the uncertainty of international legal regulation of private military and security activities is to use a combined approach to the regulation of private military and security activities, which combines the advantages of existing models and positions. Private military and security activities concern a complex of multi-sectoral, debatable issues of international law, accordingly, the theoretical model of international legal regulation of private military and security activities proceeds from the priority of using contractual mechanisms, supplemented by recommendatory acts and model legislation. A necessary element of the theoretical model of international legal regulation of private military and security activities are the principles of determining the jurisdiction of states and the prohibition of granting jurisdictional immunity to PMSCs and their employees.