International economic law. Legal issues of international cooperation in the struggle for economic security International economic law in the relations of the CIS countries

England entered into bilateral treaties with European states on the mutual granting of the most favored nation treatment and soon took a dominant position in world industry, trade, credit relations, maritime transport. European states have concluded bilateral treaties with each other on the mutual granting of most favored nation treatment. Russia at that time ranked fifth in the world in terms of industrial development.

The United States in the middle of the 19th century exported mainly raw materials, agricultural products and adhered to a protectionist policy, which was combined with complete freedom to import foreign capital. By the end of XIX - beginning of XX centuries. The United States has become the first industrial country in the world.

In the 20th century, human society has gone through gigantic technological shifts. Scientific and technological progress has changed the structure of industry, the nature of the entire production activity of mankind. The colonial system collapsed. The world has entered the stage of integration processes. The interpenetration of economies was expressed in the intensive cross-border movement of goods, services, investments, and labor. The industrial era began to give way to the informational, post-industrial era.

Currently, in the international division of labor there is a tendency to create a single planetary market for goods, services, and capital. The world economy is becoming a single complex.

The national economies of different states are thus interconnected by economic ties, which form international economic relations(IEO).

International economic relations find their practical expression in international trade, monetary, investment and other relations, i.e. in various types of travel resources.

The scale of the modern world economy and international economic relations can be illustrated by the following data. By the end of the 20th century, the total gross domestic product (GDP) in the world amounted to more than 30 trillion. dollars a year, the volume of world trade in goods - more than 10 trillion. dollars. Accumulated foreign direct investment has reached approximately 3 trillion. dollars, and annual direct investments - more than 300 billion dollars.

The share of the United States in world GDP during this period exceeded a quarter of the total indicator, the share in exports was 12%. The share of EU countries in world exports was 43%, Japan - about 10%. The main commodity flows and investment flows are concentrated within the framework of the "triad": USA-EU-Japan

Out of motion goods international trade is taking shape, i.e. paid total turnover. Paid imports and exports of one country are called foreign trade.

The system of legal regulation of interstate economic relations has its own "superstructure" - international economic law (IEP). The IEP is one of the branches of international law.

2. Elements of international economic law.

DEFINITION: International economic law is a system of legal norms governing relations between the subjects of international economic relations in connection with their activities in the field of international economic relations(in trade, financial, investment, labor resources areas).

Thus, object regulation in international economic law are international economic relations - multilateral and bilateral, cross-border movement of resources (in the broadest sense of "resources" - from material to intellectual).

The MEP has its own industries (sub-sectors of SE):

International trade law, which regulates the movement of goods, including trade in services and rights;

International financial law regulating financial flows, settlement, currency, credit relations;

International investment law, within which the movement of investments (capitals) is regulated;

The law of international economic assistance as a set of rules governing the movement of material and non-material resources that are not a commodity in the accepted sense;

International labor law, within which the movement of labor resources, labor force is regulated.

Some of the norms governing international economic relations are included in the international legal institutions traditionally included in other branches of international economic relations. Thus, the regime of maritime exclusive economic zones and the regime of the seabed as the "common heritage of mankind" are established by international maritime law; the mode of the market for services in the field of air transportation - international air law, etc.

MEO (in the broad sense of this concept) have, as you know, two levels of relations - depending on the presence public and private elements:

a) relationship public law character between MP subjects: states and international organizations. It is these relations in the field of international economic relations that are regulated by international economic law;

b) economic, civil law ( private- legal) relations between individuals and legal entities of different countries. These relationships are governed domestic law each state, private international law.

In the same time public subjects: states, international organizations - enter not only into INTERNATIONAL legal, but often CIVIL- legal relations.

Very often, especially when it comes to the development of natural resources, the regime for accepting and protecting foreign investment is determined in an agreement between the host state and private foreign investor. In agreements, the importing state, as a rule, undertakes not to take any measures to nationalize or expropriate the investor's property. Such agreements are called "diagonal", and in Western literature - "state contracts".

“Public contracts” (“diagonal agreements”) is a regulated subject domestic law; it is part of domestic law. At the same time, many Western lawyers believe that this is the area of ​​the so-called "international contract law".

For international economic relations, the problem has always been relevant immunity states. How should the principle of state immunity operate if the state enters into private law relations, into "diagonal" agreements?

The international legal principle of state immunity is closely related to the concept sovereignty. Sovereignty - this is one of the signs of the state, its inalienable property, which consists in the completeness of the legislative, executive and judicial powers on its territory; in non-subordination of the state, its bodies and officials to the authorities of foreign states in the spheres of international communication.

Immunity state is that it beyond the jurisdiction of the court another state (equal over equal has no jurisdiction). Immunity is enjoyed by: the state, state bodies, state property. Distinguish immunity:

- judicial: the state cannot be brought to court of another state as a defendant, except in cases of its express consent to this;

From preliminary securing of a claim: state property cannot be subjected to coercive measures in order to secure a claim (for example, property cannot be seized, etc.);

From the enforcement of a judgment rendered: State property cannot be subjected to measures of enforcement of a judgment or arbitral award.

Western legal theory has developed the doctrine of "split immunity" ("functional immunity"). Its essence is that the state entering into civil law contract with a foreign physical/legal person to perform the functions sovereignty(construction of the embassy building, for example), has the specified immunities.

At the same time, if the state enters into such an agreement with a private person with commercial purposes, then it should be treated as a legal entity and, accordingly, should not enjoy immunities.

The legal doctrine of the USSR, the socialist countries, and many developing states proceeded from the non-recognition of the doctrine of "split immunity", bearing in mind that even in the economic turnover, the state does not renounce sovereignty and does not lose it. However, in modern conditions, in a market or transitional economy, opposition to the functional theory of immunity is largely meaningless, since economic entities are no longer “state-owned”. The legal policy and position of Russia and the CIS countries should accept (and actually adopted) the doctrine of "split immunity", which will contribute to a favorable legal investment climate, the entry of these countries into the legal field of regulation of the IER.

States, interacting in international economic relations, enter into legal relations, bear legal rights and obligations. Of the many legal relationship formed international economic order.

The following circumstances have a significant impact on the international economic legal order:

a) in economic relations between national economies, two trends are constantly opposing - liberalization and protectionism. Liberalization is the removal of restrictions on international economic relations. Currently, within the framework of the World Trade Organization (WTO), a multilaterally coordinated reduction of customs tariffs is being carried out with the aim of their complete elimination, as well as the elimination of non-tariff regulatory measures. Protectionism is the application of measures to protect the national economy from foreign competition, the use of tariff and non-tariff measures to protect the domestic market;

b) the legal position of a state in the system of international economic relations is affected by the degree of influence of the state on the economy - the economic function of the state. Such impact can range from direct participation in economic activity to different levels state regulation economy.

So, in the USSR, the entire economy was state-owned. In the foreign economic sphere, there was a state monopoly on foreign economic activity: foreign economic functions were carried out through a closed system of authorized foreign trade associations. Such a market instrument for regulating imports as a customs tariff was not of decisive importance in a planned, state-owned economy.

In countries with a market economy, the state does not interfere in the economy so totally, its intervention takes the form of state regulation. All subjects of economic activity have the right to carry out foreign economic relations. The main instrument for regulating foreign economic relations is the customs tariff (along with non-tariff measures).

The deep basis of the various approaches of the state to the management of the sphere of foreign economic activity (FEA) were radically opposite views on essence state and its role in society.

The modern world economy is based on the principles of a market economy. The international economic legal order, therefore, is designed for the interaction between market-type states. The states that were socialist in the past (about 30 states), making the transition from a planned, state, economy to a market economy, received a special status "states with economies in transition".

The balance between market mechanisms of international economic relations and state regulation of the economy is established in the contradictions between liberalization and protectionism.

Everything about which states enter into legal relations is subject legal relations. Subject contract legal relations of individuals in the field international economic relations can be: goods, services, finance (currencies), securities, investments, technologies, property rights (including intellectual property), other property and non-property rights, labor force, etc.

Subject interstate - public - legal relations in the field international economic relations, are usually legal modes trade, access of goods to the domestic market, market protection, principles of trade settlements, the use of tariff and non-tariff measures to regulate foreign trade, import / export, control over world prices in commodity markets, regulate trade flows, transport goods, the legal status of individuals engaged in foreign economic activity etc.

And its branches - international criminal law, international economic law, etc., are called upon to carry out a coordinating and regulatory function in the international cooperation of states in the fight against international crime on the basis of a set of legal norms that determine the conditions for international judicial assistance of states to each other in the exercise of their punitive power in areas of international communication.

At the same time, international cooperation in the fight against transnational crime, including in the economic sphere, is carried out by countries, primarily in order to protect their national economy, national, political, territorial and economic from encroachments by transnational organized crime.

Main problem in strengthening and strengthening the legal foundations of the fight against transnational crime, is the interaction of the norms and principles of international law and its branch of international criminal law, with the norms and principles of national criminal law.

International law and international criminal law are also factors stimulating the internationalization of national criminal law. This internationalization is determined primarily by the need to unite the efforts of states in the fight against transnational crime. On the other hand, international law, in the process of cooperation between states in the fight against international crime, borrows the experience of countries with more developed national criminal law. In the future, at the international level, norms and principles are formed that have an increasingly significant impact on national law. Maintaining, developing and improving this rule-making process is one of the activities of the UN and its bodies in the fight against international crime, including in the economic sphere.

International law and its branch - international criminal law, constitutes a kind of legal basis for international cooperation in the fight against economic crimes of an international nature., especially in terms of identifying and classifying committed unlawful acts as crimes of an international nature in international economic relations, establishing the responsibility of subjects of international law and punishing those guilty of such crimes.

The UN has formed a mechanism for the implementation of international cooperation in the fight against international crime, including crime in the economic sphere. In conjunction with other intergovernmental and non-governmental organizations of a universal and regional nature, carrying out their activities in the context of combating international crime, a kind of world system is being formed to combat international crime.

The Constitution of the Russian Federation (part 4, article 15) establishes that the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system.

From the point of view of the content (subject of regulation), the following groups of international treaties can be distinguished, which have received particularly wide application at the turn of the 20th - 21st centuries, which contain provisions related to the sphere of economic security:

  • legal aid contracts;
  • treaties on encouragement and protection of foreign investments;
  • agreements in the field of international trade and economic cooperation;
  • agreements on property rights;
  • agreements on international settlements;
  • agreements on avoidance of double taxation;
  • contracts in the field of intellectual property;
  • social security agreements;
  • treaties on international commercial arbitration.

Among bilateral treaties, the most interesting for Russia are such complex treaties as treaties on legal assistance. They contain provisions not only on cooperation between judicial authorities, including the execution of court orders, but also rules on the law applicable to the relevant relations.

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Introduction

1.1 Theoretical aspects of national security

1.2 Threats to Russia's national security

2.1. Theoretical aspects of international economic security

Chapter 3. Ways to strengthen the national and international economic security of Russia

3.2 Ways to strengthen the international economic security of Russia

Conclusion

Bibliography

Introduction

The problems of ensuring national and international security have faced humanity at all times. They acquired a special meaning at the beginning of the 20th century in connection with the reality of the threat of a world war, therefore, at the beginning of the development of the theory and security policy, they were identified with issues of preventing wars. After the First World War, they received official recognition. One of the steps of practical policy in this direction was the creation of the League of Nations. But it was not possible to solve the issues of preventing war: the 2nd World War broke out and after it the Cold War. The end of the latter was not marked by the end of wars and armed conflicts. Moreover, ensuring national and international security in modern conditions has required expanding this concept beyond the prevention of wars and armed conflicts.

Security problems have acquired fundamentally new features in the modern world, which is multifaceted, dynamic and full of sharp contradictions. The current life is characterized by the involvement of all mankind in world processes, whose course is accelerated by unprecedented scientific and technological progress, the aggravation of social, economic, raw material and other problems that are becoming global in nature, until the 90s, issues of international security of the state were mainly developed in the scientific literature in our country and abroad . This was due to the growing interdependence of various states and peoples of the world, the internationalization of their economies, and the emergence of global weapons of mass destruction. The global threat to humanity from industrial activity has also increased.

The concept of international and national security, in the Russian scientific literature, international security is considered as a state of political, economic and other relations between states, eliminating the threat of aggression by one or a group of states against another state or group of states and ensuring their peaceful coexistence on the basis of equality, non-interference in internal affairs each other, respect for national independence and self-determination of peoples, as well as their free development on a democratic basis. As can be seen from the above definition, international security acts only as a favorable external environment for the development of states. This approach stemmed from the primacy in international politics of precisely ensuring the security of the state.

The relevance of the topic under consideration lies in the fact that the interest of the world community in security issues is steadily growing, which is associated with the permanent crisis phenomena of the late XX - early XXI century, the severity of which directly raised the question of the future fate of all mankind. Dynamic changes in the global geopolitical situation, the international position of Russia and the conditions of its internal development, the intensification of international terrorism, the negative factors of the country's socio-economic development, new trends in the aggravation of threats to the interests of citizens, society and the state pose an urgent task for all public authorities to develop effective measures, aimed at the practical solution of key problems of ensuring national security.

The purpose of the work is to reveal the essence of Russia's national and international economic security and explore ways to strengthen it.

Tasks of the work: - to analyze the concepts of national and international economic security;

To study the main components of national and international economic security;

Consider the threats to the national and international economic security of Russia, its types and forms;

To reveal the content of the modern doctrine of national and international economic security of Russia

The subject of the study is the national and international economic security of Russia.

The object of the study is the main patterns of the emergence, formation and development of relations in the field of legal support for the national and international economic security of Russia.

Research method - general scientific and private scientific methods of cognition of social and legal phenomena and activities for the legal support of the national and international economic security of Russia.

This course work consists of an introduction, three chapters, six paragraphs, a conclusion and a list of references.

Chapter 1. The concept of national economic security

1.1 Theoretical aspects of national economic security

The term "national security" was first introduced into the political lexicon by US President Theodore Roosevelt in 1904. Until 1947, it was used in the sense of "defense", and not the integration of foreign, domestic and military policies. In 1947, the US Congress passed the National Security Act, which created the National Security Council (NSC), which still exists today. It develops a system of goals, interests, threats and national policy priorities. Since 1971, a NSC subcommittee has been in place to set US priorities.

In the USSR, the problem of national security was not officially developed. It was, as it were, included in the category of “defense capability” familiar to the Soviet era.

In our country, since the beginning of 1990, understanding the problem of national security has been undertaken within the framework of the USSR Supreme Soviet Committee on Defense and State Security. The National and International Security Fund and a number of initiative groups were created. The result of many years of work of our scientists and deputies was the Law of the Russian Federation "On Security", which was adopted by the Supreme Council of Russia on March 5, 1992.

In accordance with this law, security is considered as a state of protection of the vital interests of the individual, society and the state from internal and external threats.

In Russian history, the term "national security" was first used in 1995 in the Federal Law "On Information, Informatization and Information Protection". The concept of "national security" was further developed in the Address on National Security of the President of the Russian Federation to the Federal Assembly dated June 13, 1996: "... national security is understood as a state of protection of national interests from internal and external threats, ensuring the progressive development of the individual, society and the state" .

The fundamental document in the field of security, first approved by the President of the Russian Federation in 1997, as amended in 2000, is called the National Security Concept of the Russian Federation.

It defines that the main objects of security include: the individual, society and the state. Society and the state are closely linked. At the same time, the main link between them is the personality. The protection of her life and health, rights and freedoms, dignity and property is of paramount importance.

Personal security consists in the real provision of constitutional rights and freedoms; improving the quality and standard of living; physical, spiritual and intellectual development.

The security of society includes the protection of its material and spiritual values, law and order, the strengthening of democracy, the achievement and maintenance of public harmony on the basis of the principle of social justice.

However, such a state, when there are no threats, is ideal. In reality, there is always a certain danger or possibility of its occurrence. Therefore, the concept of security includes the ability of society to withstand possible threats.

Danger is a well-realized, but not fatal, probability of harming the interests of society.

A threat is a real, immediate possibility of damaging vital interests.

Sometimes the concepts of "danger" and "threat" are equated, considering the differences between them insignificant. But it is still more correct to interpret danger as a certain probability of causing damage. This means that it can exist, but there will be no threat, and only under certain conditions can danger reach the nature of a threat.

It is characterized by four major features. First, it is a dynamic increased danger. Second, demonstrating a willingness to commit violence to cause damage. Thirdly, the threat is understood as the intention of some subjects to harm others. Fourthly, it is the highest degree of transformation of possible damage into reality.

For example, after coming to power in the early 1930s, Hitler declared that Germany needed living space in the East. Such views were a danger to the Soviet Union. The threat was the concentration of Nazi troops near the Soviet border.

The security of the state lies in the protection of its constitutional order, sovereignty, territorial integrity, the establishment of political, economic and social stability, the unconditional implementation of laws, resolute opposition to destructive forces, corruption, bureaucracy, and attempts to gain power for selfish purposes.

Political security is an integral part, the main link and the basis of national security. This is the state of the political system, which guarantees the rights and freedoms of citizens, social groups, ensures the balance of their interests, the stability and integrity of the state. In this context, the words of our great compatriot, historian Nikolai Mikhailovich Karamzin, are appropriate: "Personal security is the highest law in politics ...".

An integral feature of the political security of the state is sovereignty. This concept is defined as the ability of the state to conduct an independent foreign and domestic policy. In other words, sovereignty is the supremacy of state power within the country, which means the subordination of all persons and organizations within the state territory to it, and independence in international relations.

Economic security is the state of life of an individual, a social group and society as a whole, in which the protection of their material interests is guaranteed, the harmonious, socially oriented development of the economy, and the ability of the state to determine, without outside interference, the ways and forms of its economic development.

Social security can be defined as such a state of development of the individual, various groups of the population, society and the state, in which they remain satisfied with their social status, and relations within and between them are not confrontational.

Information Security. It understands the ability of the state to protect all spheres of public life, the consciousness and psyche of citizens from negative information impact, providing management structures with reliable data for their successful functioning, preventing the leakage of classified socially valuable information and maintaining constant readiness for information confrontation within the country and on the world stage.

Military security is a state in which a nation does not sacrifice its interests for fear of being drawn into a war and is able to reliably and effectively protect them by military means and methods if war cannot be avoided.

The specificity of this type of security lies in the fact that military security serves as a condition for ensuring many other types of security and, at the same time, is ensured on their basis.

Historical experience shows that the absence or weakness of the state militarily often pushed other countries to armed aggression, the implementation of their interests in a particular region by ignoring or infringing on others. In the 19th century, the Prussian general F.D. Galtz rightly argued that the best way to keep the peace is to have a strong and well-organized army, for "the strong do not run the risk of being affected so easily as the weak."

The strategy is the basis for constructive interaction between public authorities, organizations and public associations to protect the national interests of the Russian Federation and ensure the security of the individual, society and the state.

In addition, this document clarifies and concretizes a number of important concepts of the theory of national security:

National security - the state of protection of the individual, society and the state from internal and external threats, which allows to ensure constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the state.

The national interests of the Russian Federation are a set of internal and external needs of the state in ensuring the security and sustainable development of the individual, society and the state.

National security system - forces and means of ensuring national security.

National Security Forces - the Armed Forces of the Russian Federation, other troops, military formations and bodies in which federal legislation provides for military and (or) law enforcement service, as well as federal government bodies participating in ensuring the national security of the state on the basis of the legislation of the Russian Federation .

National security means - technologies, as well as technical, software, linguistic, legal, organizational means, including telecommunication channels used in the national security system to collect, form, process, transmit or receive information about the state of national security and measures to strengthen it .

1.2 Threats to Russia's national economic security

Threat to national security - a direct or indirect possibility of causing damage to constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty and territorial integrity, sustainable development of the Russian Federation, defense and security of the state.

The development of the world follows the path of globalization of all spheres of international life. Contradictions have become aggravated between states, connected with the uneven development as a result of globalization processes, the deepening of the gap between the levels of prosperity of countries. Values ​​and development models have become the subject of global competition.

The threats to Russia's military security are the superiority of a number of leading foreign countries in the development of high-tech means of warfare, the unilateral formation of a global anti-missile defense system and the militarization of near-Earth space.

Today, according to the forecasts of Russian researchers, near the borders of Russia, confrontation is intensifying for access to natural, energy, scientific, technical, human and other resources, as well as for expanding opportunities, including legal ones, for their use. In the so-called color revolutions in Georgia, Ukraine and Kyrgyzstan, the intervention of the West paralyzed the military-political leadership of these countries, ensuring their submission to the instructions of Western embassies.

The so-called "information terrorism" also poses a threat to Russia's national security at the present time. It has become an integral part of the global information society. It can be considered a manifestation of extreme extremism in the information sphere, aimed at achieving political goals through the nomination by individuals or an organized group of individuals of demands on power structures that cannot be satisfied within the existing legal framework.

Studying the National Security Strategy of the Russian Federation until 2020, it can be concluded that several main groups will pose a threat to Russia's national interests:

The first group includes potential threats that threaten the geopolitical interests of our country, position and status in the world community. They are also directed against the territorial integrity and independence of the foreign policy of the Russian state.

Factors can be:

Actions of states aimed at violating the integrity of the Russian Federation and satisfying territorial claims against the Russian Federation, with references in some cases to the lack of a clear treaty-legal formalization of interstate borders;

Actions of other countries aimed at undermining and restraining integration processes within the CIS, weakening the ties of the Russian Federation with the countries of Central and Eastern Europe and the Baltics, as well as with other states in areas of traditional cooperation, which are becoming more and more coordinated;

Violations of the rights and freedoms of the Russian-speaking population and citizens of the Russian Federation living in neighboring states, leading to increased tension (including in certain regions of Russia) and uncontrolled migration processes;

The policy of double standards pursued by certain forces abroad, who, while declaring in words the need to ensure stability in the Russian Federation, in fact, are trying to do everything in their power to prevent this and thereby reduce the importance of the Russian Federation in solving key problems of the world community and activities of international organizations.

The second group consists of potential threats that have a geo-economic dimension that can weaken Russia's position in international economic relations, create difficulties for the progressive growth of the economic potential of our country, improve the welfare of the people and strengthen the country's defense capability.

This group includes threats:

The desire of the leading Western countries to weaken the economic independence of the Russian Federation and secure its role as a supplier of fuel and raw materials for the world economy and a source of skilled but cheap labor;

Attempts to limit Russia's presence in foreign markets (including the arms market), as well as actions to force it out of them;

Actions of "partners" aimed at maintaining restrictions on the access of the Russian Federation to advanced technologies, creating obstacles for Russia's full participation in international financial, economic and trade structures and organizations.

The third group is potential threats in the energy and resource sectors that can create obstacles to the development of the Russian Federation as a world energy power, expressed in the claims of foreign states to the natural wealth of our country, to its colossal base of natural resources.

Analysts note that in the near future our country, as the owner of the world's main fuel and energy resources, will be subject to strong geopolitical pressure from consumer countries. Such pressure, according to the forecasts of Russian researchers, can be carried out in the following most probable forms:

The advancement of new territorial claims against the Russian Federation and statements similar to those made in early 2007 by the then US Secretary of State Condoleezza Rice and Madeleine Albright that Siberia has such large reserves of resources that they belong not to Russia, but to the world;

Attempts to ignore the interests of the Russian Federation in solving problems of international security, counteracting its strengthening as one of the influential centers of the multipolar world;

Inciting new hotbeds of armed conflicts, primarily near the borders of the Russian Federation and the borders of its allies (the Middle East, Central Asia, the Caucasus, the Balkans);

Carrying out all kinds of covert, subversive, reconnaissance and propaganda operations to take control of the extraction and distribution of fuel and energy resources;

Creation of groupings of troops leading to a violation of the existing balance of forces near the borders of the Russian Federation and the borders of its allies, as well as on the seas adjacent to their territory;

The expansion of the influence of the North Atlantic Alliance, the desire to gain a foothold in the post-Soviet space, as well as attempts to use the combined military power of NATO to exert military and political pressure and obtain concessions in access to fuel and energy resources;

The introduction of foreign troops in violation of the UN Charter into the territory of states adjacent to the Russian Federation and friendly to it (the creation of military bases and the deployment of groupings of troops in the territories of the former republics of the USSR).

The fourth group is potential threats that are directly of a military nature. The elimination of such threats is connected with the prevention of situations in which military aggression against the Russian Federation or an attack on its military contingents and citizens outside our state could be committed.

Many Russian researchers refer to the main external military threats as follows:

Deployment of groupings of forces and means aimed at a military attack on Russia or its allies;

Territorial claims against the Russian Federation, threats of political or forceful exclusion of certain territories from it;

Implementation by states, organizations and movements of programs to create weapons of mass destruction;

Interference in the internal affairs of the Russian Federation by foreign states or organizations supported by foreign states;

Demonstration of military force near the borders of Russia, conducting exercises with provocative goals;

The presence near the borders of the Russian Federation or the borders of its allies of centers of armed conflicts that threaten their security;

Instability, weakness of state institutions in border countries;

The build-up of force groupings, leading to a violation of the existing balance of forces near the borders of the Russian Federation or the borders of its allies and the sea waters adjacent to their territory;

Expansion of military blocs and alliances to the detriment of the military security of the Russian Federation or its allies;

The activities of international radical groups, the strengthening of the positions of Islamic extremism near Russian borders;

The introduction of foreign troops (without the consent of the Russian Federation and the sanction of the UN Security Council) on the territory of states adjacent and friendly to the Russian Federation;

Armed provocations, including attacks on military installations of the Russian Federation located on the territory of foreign states, as well as on objects and structures on the state border of the Russian Federation or the borders of its allies;

Actions that impede the operation of the Russian systems of state and military administration, ensuring the functioning of strategic nuclear forces, warning of a missile attack, anti-missile defense, control of outer space and ensuring the combat stability of troops;

Actions that impede Russia's access to strategically important transport communications;

Discrimination, suppression of the rights, freedoms and legitimate interests of citizens of the Russian Federation in foreign countries;

Distribution of equipment, technologies and components used to manufacture nuclear and other types of weapons of mass destruction, as well as dual-use technologies that can be used to create weapons of mass destruction and their means of delivery.

An integral part of the military threat to the national security of the Russian Federation is the threat from aerospace. The transformation of means of combat in aerospace into the main weapon of modern wars and their intensive development by leading foreign countries testifies to the objective growth of this type of threat.

Together, these and other factors determine the preference for potential adversaries of Russia in aerospace attack compared to ground-based means of attack. The situation around Russia is taking shape today under the influence of cardinal changes taking place in the system of the emerging new image of Russia and the new image of the world order. The geostrategic position of Russia imposes a strict requirement: to be in constant readiness to repulse external threats, including from deployed groupings of forces and means of aerospace attack and anti-missile defense of foreign states. First of all, we are talking about those states whose geopolitical interests are or may come into conflict with the corresponding interests of Russia.

Chapter 2. The concept of international economic security

2.1 Theoretical aspects of international economic security

The development of globalization leads to the emergence of the problem of international economic security. The processes of globalization can contribute to the emergence of crisis phenomena at the international, national and regional levels. A striking example is the financial crisis that arose in 1997 in Southeast Asia and spread throughout 1998 in a number of states in other regions. Ukraine experienced part of the consequences of this crisis in August-September 1998.

Further development of integration processes in the world leads to convergence of national economic security with international economic security.

The Encyclopedic Dictionary "Political Science" interprets international economic security as a complex of international conditions for coexistence, agreements and institutional structures that could provide each state - a member of the world community with the opportunity to freely choose and implement its strategy of social and economic development, without being subjected to external economic and political pressure and counting on non-interference, understanding and mutually acceptable and mutually beneficial cooperation on the part of other states.

Thus, the elements of international economic security include:

Ensuring the sovereignty of states over their natural resources, production and economic potential;

Lack of exclusive priority in the economic development of individual countries or a group of states;

Responsibility of states to the world community for the consequences of their economic policy;

Focus on solving global problems of mankind;

Free choice and implementation by each state of the strategy of social and economic development;

Mutually beneficial cooperation of all countries of the world community;

Peaceful settlement of economic problems.

Compliance with these principles contributes to increased overall economic efficiency as a result of accelerating global economic growth.

An example of solving the problem of collective economic security is the treaty on the European Union (EU), which established the economic and monetary unions of the participating countries. In accordance with it, the EU Council of Ministers determines the strategic directions of the economic policy of individual member states and the EU as a whole and controls the development of the economy of each EU state.

At the same time, the leaders of some EU countries note the possibility of a crisis in a number of member countries due to their uneven economic development, the weakness of the currencies of individual states, and the slow reform of public administration in government organizations. Nevertheless, EU leaders believe that the entire European continent can benefit from the processes of integration of the states of this region in economic and political terms, as this will strengthen their security and accelerate economic growth.

Another example of solving problems of international security is the "Osaka Declaration".

In November 1995, an informal meeting of the leaders of the Asia-Pacific Economic Cooperation Organization (APEC) was held in Osaka (Japan), following which a declaration was published. It confirmed the determination of APEC members to strive for the liberalization of trade and investment, the simplification of trade and investment regimes, and the strengthening of economic and technical cooperation.

The experience of the United States testifies to the close interconnection of the international economic security of a particular country. The US national security strategy is formed on the basis of American interests and values. This provides for the need to expand the community of democratic countries with market economies while limiting and containing threats to the United States and its allies. Hence, the main components of the strategy of US involvement in international affairs are:

Strengthening our own security by maintaining a strong defense potential and promoting cooperation with other countries in the field of security;

Activities aimed at opening foreign markets and accelerating global economic growth;

Support for democracy abroad.

The problem of international economic security also affects the economic interests of a country in various regions of the world. Regional economic projects are becoming broader, for example, approving the route of an oil pipeline for transporting Caspian oil. Thus, the Washington Center for Security Policy emphasizes that American interests are affected in solving this problem, among them:

Ensuring free supplies of oil and gas from the Caspian Sea and from the republics of Central Asia to international markets;

Ensuring the economic independence of the former Soviet republics of the region.

In October 1995, the finance ministers and central bankers of the G7 countries approved the idea of ​​creating a special fund in the amount of $50 billion. to prevent currency crises and put in place an "early warning" system for approaching crises, which would include such indicators as the balance of payments and the growth of the money supply.

The role of the administrator of the new "emergency package of measures" to save the national monetary units that are on the verge of collapse is assigned to the IMF.

In modern conditions, the tendency to give the economy a priority place in the domestic and foreign policies of various countries is becoming more and more obvious. This affects the acceleration of integration processes in the world economy. Regional economic organizations and blocs are developing. At the same time, international competition in the economic, scientific and technical spheres is intensifying, which is reflected in the economic growth of developing countries and countries with economies in transition. Therefore, the issues of promoting the economic growth of these participants in the world economic system should be under the constant control of the UN.

2.2 Problems of international economic security in Russia

The international economic order is a system of relations between economic international entities, which is always formed depending on the ideas, beliefs and prevailing theories in a given period, the balance of power between the main actors in the international arena.

The implementation of international economic security is closely connected with the refusal of one country or a group of countries to impose development models on another country, from various kinds of coercion, with international recognition of the right of any people to choose their own path.

International economic security is understood as such economic interaction of countries that would exclude deliberate damage to the economic interests of any country. Its implementation is carried out mainly at the supranational level of regulation of international economic relations and consists in the creation of an appropriate international legal mechanism.

Close to the disappearance of the deposits of raw materials in the continental crust, and the question arises of the development of the wealth of the oceans. Humanity already feels a lack of energy, and to replenish it, it is necessary to invade space. The aggravation of the raw materials, energy, and food problems seriously complicates the prospects for a breakthrough by third world countries to the economic level of advanced industrial states. The development of this group of countries is hampered by their large military spending (6% of GNP) and huge foreign debt. Since 1984, the outflow of surplus product from developing countries has exceeded the inflow of new funds, which resulted in. Industrialized countries are forced to some extent to meet the demands of developing countries to reduce debts and delay their payment, open markets, establish a new international order in the world economy and a system of international economic security. In the conditions of increased interdependence, the Western states, which bear a significant share of the responsibility for the backwardness of the former colonial and dependent countries, must take into account not only the explosive state of the social situation in developing countries, but also the fact that the difficult economic situation of these countries hinders the expansion of the world market, and therefore , narrows the possibilities of overall economic growth and the joint solution of environmental problems.

Despite the fact that more than 300 international economic organizations and over 60 regional integration groupings that regulate international economic relations are involved in international economic relations, the world has not become more stable and secure. And the words "world economic order" are increasingly being replaced by the concept of "world economic disorder" with many threats, growing inequality and, most importantly, the uncontrollability of world economic processes.

What is going on? After all, globalization, as an objective trend towards the economic rapprochement of countries, remains. The idea of ​​universal liberalization, which ensures lasting prosperity and economic growth for all states, is crumbling, the most backward countries are being recolonized, world loan capital is being transformed into frankly speculative capital that destroys the real economy, and liberal norms and standards are being selectively applied. Instead of the process of democratization of international economic relations, a course has been taken towards a combination of economic and military means to establish the economic hegemony of the United States. "The US is now enjoying strategic and ideological superiority. The first goal of its foreign policy should be to maintain and strengthen this superiority." These words belong to D. Kagan, director of the Carnegie Endowment, which is developing a script project called "America's Leadership."

Western researchers also note the special nature of the liberalization of foreign relations in Russia, in the course of which the country's economy adapts to the rules and norms of the international market. It is emphasized that in Russia there was mainly a financial opening to the world, ahead of the economic liberalization of other areas. Thus, for example, exchange transactions and placement of funds were virtually free, while foreign direct investment was regulated, "it was necessary to act exactly the opposite." One of the consequences of this financial opening to the world was the dollarization of the economy. (According to some estimates, on the eve of August 1998, up to 80% of the ruble mass in circulation were dollars).

We can agree with the assessments of the well-known American economist Turow that "today Russia is halfway between a market economy and a planned economy, and neither of them works." But in order to move forward, it is necessary to resolve the main question - "how and when", since the cause of the crisis in Russia is not so much economic as political. With the "blurring" of strategic guidelines, the policy of reforms is reduced mainly to responding to reform failures and crisis situations. Moreover, many of these "failures" do not seem so random.

Perhaps the most terrible news in terms of international economic security came from Ukraine, where, within the framework of the new government, key economic areas were given to foreign specialists. Unfortunately, we have to state that Ukraine has completely lost the sovereignty of its economic policy and, apparently, de facto its national economy has come under external control.

To date, the situation associated with Ukraine has greatly weakened the international economy of Russia. Western countries, led by the United States, do not benefit from Russia's position in relation to the situation in Ukraine. In this connection, Western countries, led by the United States, are imposing sanctions on Russia. Such pressure causes not only economic damage, but also threatens Russia's international security.

1. The State Department threatened Russia with sanctions for deals with Iran. Since recently the US rhetoric towards Iran has changed dramatically from discussions of a possible military operation to negotiations, it can hardly be said that the US is simply against the violation of the sanctions regime. Most likely, the fear of the United States is the establishment of too close partnerships between the Russian Federation and Iran.

2. Russia announced the closure of the South Stream project, announcing its intention to build an alternative gas pipeline to Turkey. Despite all the orgy of biased analysts who began vying to assert that this is the defeat of the Russian Federation and personally V.V. Putin, as well as Russia's recognition of its defeat, so far everything looks just the opposite. To all appearances, the EU did not even imagine that the games in obstructing the construction of this gas pipeline could lead to such sad events for them. However, the consequences may turn out to be sad for the Russian Federation, but so far Russia's position looks more preferable.

3. Member countries of the Eurasian Economic Union, which currently includes Russia, Belarus, Kazakhstan and Armenia, intend to abandon mutual settlements in US dollars and euros. In return, according to the draft concept for the development of payment systems on the territory of the EAEU, by 2025-2030 there should be a transition to mutual settlements in national currencies. Nevertheless, the volumes of mutual trade turnover seem to be still insufficient for mutual settlements to be actually carried out in all national currencies. In addition, export-import flows will definitely be unequal. Therefore, it seems more realistic that one currency will be chosen (officially or unofficially) for mutual settlements and, most likely, the Russian ruble is the main contender, or a single currency project is being implemented, that is, the notional altyn that has already surfaced in various projects.

4. On December 1, the Central Bank already took out a “sheathed blade of intervention” and intervened in the formation of the ruble exchange rate. This was explained a few days later by the fact that the ruble exchange rate "significantly deviated from fundamentally justified values." Is it worth it to understand that between November 10, when the abandonment of the currency corridor was officially announced, and December 1, this rate fit into the interval of “fundamentally sound values”, it remained unclear. However, the fact remains that the market has not yet had time to miss foreign exchange interventions, and the Bank of Russia has already returned.

The global world order makes national borders permeable. First of all, this is a change in the functions of the state. In part, they are transferred to international organizations, forcing countries to comply with international rules for regulating market relations. At the same time, while remaining the subject of international economic relations, the state must regulate domestic processes, perform the traditional functions of social protection, resist the elements of the market, i.e. be under double pressure.

Now a crisis situation is emerging, about which we can say that some of the international economic organizations (IMF, World Bank) are becoming omnipotent, dictating the "rules of the game" to borrowing countries, and at the same time powerless, since they are not able to regulate and coordinate the dynamics of such factors. manufacturing as finance, and to prevent modern capitalism from becoming the so-called "turbo-capitalism" of the American style, as Edward Luttwak figuratively dubbed its modern stage in a book of the same name and published in 1999.

In modern conditions, the stratification is intensifying, and the "technological colonialism" of the states of the industrial "core" transfers competition to the sphere of high technologies, inaccessible to most countries.

At the same time, it is quite obvious that the deterioration in the position of resource-producing countries can continue only up to certain limits that do not violate the overall global stability. That is why the West is concerned about the creation of various projects for reforming the international management system - from revising the powers and functions of the IMF, World Bank and other organizations to creating new international institutional structures, up to the World Government.

However, the monopolization of the management of international economic relations cannot become a stable structure, and the erosion of national sovereignty will inevitably give rise to aggressive nationalism. A new system of power must appear on the world stage, meeting the requirements of a new world order built on collectivist foundations.

economic security national strengthening

Chapter. 3. Ways to strengthen the national and international economic security of Russia

3.1 Ways to strengthen Russia's national security

Strategic national priorities are the most important areas for ensuring national security, along which the constitutional rights and freedoms of citizens of the Russian Federation are implemented, sustainable socio-economic development and protection of the country's sovereignty, its independence and territorial integrity are carried out.

The National Security Concept of the Russian Federation as amended in 2000 was replaced by the National Security Strategy of the Russian Federation until 2020 (Strategy). It was approved by the head of state on May 12, 2009 by Decree No. 537.

The development and adoption of the strategy was caused by:

First, the aggravation of interstate contradictions associated with the uneven development of their development and the deepening of the gap between the levels of prosperity of countries.

Secondly, the vulnerability of all members of the international community in the face of new challenges and threats.

Thirdly, with the strengthening of new centers of economic growth and political influence, a qualitatively new geopolitical situation is emerging, associated with the solution of existing problems and the settlement of crisis situations on a regional basis without the participation of non-regional forces.

Fourth, the failure of global and regional security systems (focused, especially in the Euro-Atlantic region, only on the North Atlantic Treaty Organization).

Fifth, the imperfection of legal instruments and mechanisms that pose a threat to international security.

Sixth, the need to address important domestic issues in the field of healthcare, education, science, ecology, culture, as well as improving the welfare of citizens and economic growth.

The National Security Strategy of the Russian Federation until 2020 is a kind of response to the new international situation.

It is the basic document for planning the development of the national security system of the Russian Federation. It outlines the course of action and measures to ensure national security. The strategy is the basis for constructive interaction between public authorities, organizations and public associations to protect the national interests of the Russian Federation and ensure the security of the individual, society and the state.

The national interests of our state in the long term are:

In the development of democracy and civil society, increasing the competitiveness of the national economy;

In ensuring the inviolability of the constitutional order, territorial integrity and sovereignty of the Russian Federation;

In the transformation of the Russian Federation into a world power, whose activities are aimed at maintaining strategic stability and mutually beneficial partnerships in a multipolar world.

The National Security Strategy of the Russian Federation is a fundamentally new document. For the first time, it clearly reflects strategic national priorities and outlines the main criteria for assessing the state of national security.

The main priorities of the national security of the Russian Federation are national defense, state and public security.

To ensure national security, the Russian Federation focuses its efforts and resources on the following sustainable development priorities:

Improving the quality of life of Russian citizens by guaranteeing personal security, as well as high standards of life support;

Economic growth, which is achieved primarily through the development of a national innovation system and investment in human capital;

Science, technology, education, healthcare and culture, which are developed by strengthening the role of the state and improving public-private partnerships;

Ecology of living systems and rational nature management, the maintenance of which is achieved through balanced consumption, the development of advanced technologies and the expedient reproduction of the country's natural resource potential;

Strategic stability and equal strategic partnership, which are strengthened on the basis of Russia's active participation in the development of a multipolar model of the world order.

The main criteria for assessing the state of national security of the Russian Federation are:

Unemployment rate (share of the economically active population);

The level of growth in consumer prices;

the level of state external and internal debt as a percentage of gross domestic product;

The level of provision with resources for healthcare, culture, education and science as a percentage of the gross domestic product;

The level of annual renewal of weapons, military and special equipment;

The level of provision with military and engineering personnel;

Decile coefficient (the ratio of incomes of 10% of the most wealthy and 10% of the least wealthy population).

According to the Russian Academy of Sciences, in 2000 in our country the incomes of the richest exceeded the incomes of the poorest by 14 times, now - by 17 times. At an expanded meeting of the State Council in February 2008, the former President of the Russian Federation V. to minimize the gap between the incomes of the most and least well-to-do strata of society. As you can see, this indicator is now one of the main criteria for assessing the state of national security.

In general, the implementation of the "National Security Strategy of the Russian Federation until 2020" is intended to become a mobilizing factor in the development of the national economy, improving the quality of life of the population, ensuring political stability in society, strengthening national defense, state security and law and order, increasing the competitiveness and international prestige of Russia.

The geostrategic position of Russia imposes a strict requirement: to be in constant readiness to repulse external threats, including from deployed groupings of forces and means of aerospace attack and anti-missile defense of foreign states. First of all, we are talking about those states whose geopolitical interests are or may come into conflict with the corresponding interests of Russia.

The military security of Russia is ensured by a purposeful state policy in the field of defense, which is a system of conceptual views and practical measures of an international, economic, military and other nature aimed at preventing a military attack and organizing the repulse of military aggression.

...

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International economic security is understood as such economic interaction of countries that would exclude deliberate damage to the economic interests of any country. Its implementation is carried out mainly at the supranational level of regulation of international economic relations and consists in the creation of an appropriate international legal mechanism.

International economic security is such a state of the world economy and international economic relations, which ensures the stable economic development of states and creates conditions for mutually beneficial economic cooperation. The OIE system is designed to protect the state from such threats as a spontaneous deterioration in the conditions of world economic development; undesirable consequences of economic decisions taken without agreement between countries; deliberate economic aggression on the part of other states; negative economic consequences for individual states caused by transnational crime. The institutional system of the OIE can take various forms: global (UN, WTO, IMF), regional (integration groupings), block (group of industrial development of countries united in the Organization for Economic Cooperation and Development; a group of eight economically leading countries), sectoral (trade agreements for individual goods), functional (regulation of the activities of TNCs, international scientific and technical relations and migration of citizens, regulation of monetary and financial relations, exchange of economic information, etc.).

The Encyclopedic Dictionary "Political Science" interprets international economic security as a complex of international conditions for coexistence, agreements and institutional structures that could provide each state - a member of the world community with the opportunity to freely choose and implement its strategy of social and economic development, without being subjected to external economic and political pressure and relying on non-interference, understanding and mutually acceptable and mutually beneficial cooperation on the part of other states.

Thus, the elements of international economic security include:

  • * ensuring the sovereignty of states over their natural resources, production and economic potential;
  • *the absence of exclusive priority in the economic development of individual countries or a group of states;
  • *responsibility of states to the world community for the consequences of their economic policy;
  • * focus on solving global problems of mankind;
  • * free choice and implementation by each state of the strategy of social and economic development;
  • * mutually beneficial cooperation of all countries of the world community;
  • *peaceful settlement of economic problems.

Compliance with these principles contributes to increased overall economic efficiency as a result of accelerating global economic growth.

An example of solving the problem of collective economic security is the treaty on the European Union (EU), which established the economic and monetary unions of the participating countries. In accordance with it, the EU Council of Ministers determines the strategic directions of the economic policy of individual member states and the EU as a whole and controls the development of the economy of each EU state.

As in any other sphere of life, the realization of interests in the economic sphere occurs in various conditions and under the influence of various factors. In relation to the process of realization of economic interests, these conditions and factors can be both favorable and unfavorable. The first contribute to the realization of interests. The latter oppose this realization, hindering its course or even for the realization of these interests. Consequently, in order to be realized, economic interests need to be protected from the impact of everything that creates a danger for them. Unfortunately, it is almost impossible to protect all economic interests. But you can prevent them. That which creates danger. It's called a threat. Threat - a set of conditions and factors that create a danger to the vital interests of the individual, society and the state. Threats are of an objective nature and arise as a result of the emergence of contradictions between individuals, strata of society, classes, states during their interaction in the process of social development. Security threats in the modern world are largely international in nature.

The possibility of counteracting them largely depends on the degree of efforts of various states and their groups. the entire international community. A number of security threats simply cannot be neutralized at the level of individual nation states. One of the conditions for fruitful international cooperation is a similar understanding and definition of threats by different states and the development of unified methods to counter them. The threat of a global nuclear catastrophe has been replaced by new challenges, such as poverty, infectious diseases and mass epidemics, environmental degradation - environmental threats, wars and violence within states, the spread and possibility of using nuclear, radiological, chemical and biological weapons, drug trafficking, global financial and economic crises, international terrorism and transnational organized crime. These threats come from both non-state actors and states, and it is about both human security and state security. The scale of these threats has multiplied under the influence of such a complex and contradictory phenomenon as globalization. One side. In the context of globalization, the interdependence of states has sharply increased, and regional conflicts have begun to seriously threaten global security and stability. On the other hand, by deepening the uneven economic development of states, globalization creates a fertile environment for the accumulation of crisis potential in many countries of the world.

The most striking threats to international economic security can be grouped as follows:

1. The existence of the shadow economy - The shadow economy (hidden economy) is an economic activity that is hidden from society and the state, outside of state control and accounting. It is an unobservable, informal part of the economy, but does not cover it all, since it cannot include activities that are not specifically hidden from society and the state, for example, the domestic or community economy. Also activities that are not specifically hidden from society and the state, such as the home or community economy. Also includes, but is not limited to, illegal, criminal economies.

Effects:

  • · Deformation of the tax sphere is manifested in the impact on the distribution of the tax burden and. as a result, the reduction of budget expenditures.
  • · Deformation of the public sector is manifested in the reduction of state budget expenditures and deformation of its structure. The impact on the monetary sphere is manifested in the deformation of the structure of the payment turnover, the stimulation of inflation, the deformation of credit relations and the increase in investment risks, causing damage to credit institutions, investors, depositors, shareholders, and society as a whole.
  • · Influence on the system of international economic relations. Large illegal amounts, penetrating the world economy, destabilize the financial and credit system, deform the structure of the balance of payments of states, deform prices and negatively affect the income of private firms.

The positive aspects of hidden economic activity include the possibility of preventing the bankruptcy of a private person or enterprise and providing employment for part of the population.

  • 2. Depletion of natural and other types of resources - the irrational use of natural resources can lead to a significant deterioration in the quality of life of the country's population, due to the depletion of traditional energy and mineral resources, and to the extinction of the nation (if no substitute resources or other means of solving survival issues).
  • 3. Economic crisis - serious disruption to normal economic activities. One of the manifestations of the crisis is the systematic, massive accumulation of debts and the impossibility of repaying them within a reasonable time. depletion natural resource pollution

The cause of economic crises is often seen as an imbalance between supply and demand for goods and services. The main types are the crisis of underproduction (deficit) and the crisis of overproduction. Every economic crisis leads to changes in the way of life and worldview of people. Sometimes these changes are short-term and insignificant, sometimes they are very serious and long-lasting.

  • 4. Excessive protectionism (this is a policy of protecting the domestic market from foreign competition through a system of certain restrictions: import and export duties, subsidies and other measures, such a policy contributes to the development of national production, stimulating economic growth in general, as well as industrial growth and the growth of the country's welfare) .
  • 5. High level of poverty of the population. Unemployment is a socio-economic phenomenon that implies the lack of work for people who make up the economically active population.

Effects:

  • Decrease in income
  • ・Mental health problems
  • Economic consequences (loss of GDP)
  • Deterioration of the crime situation
  • Deterioration in the growth dynamics of the population's interest in work
  • Decrease in the level of provision of households
  • 6. Capital flight abroad - spontaneous, not regulated by the state, the export of capital by legal entities and individuals abroad, in order to make their investment more reliable and profitable, as well as to avoid their expropriation, high taxation, and losses from inflation.

Effects:

  • · the supply of currency in the domestic market is reduced, which does not allow setting the real exchange rate of the ruble against foreign currencies (the exchange rate of the ruble becomes unstable);
  • · the country's gold and foreign exchange reserves are being reduced, and this does not allow them to be fully increased and negatively affects the ruble exchange rate;
  • · the taxable base decreases (the practice of daily export of assets inevitably gives rise to evasion of taxes levied on income on these assets) and revenues to the budgets of all levels are significantly reduced;
  • · the country's investment climate is deteriorating significantly;
  • · the country's economic growth is fundamentally constrained.

Today's threats cross national borders, are interconnected and must be addressed at the global and regional as well as national level. No state, no matter how strong it may be, can independently protect itself from modern threats. It also cannot be taken for granted that there will always be the ability and willingness to fulfill their responsibility to protect their people without harming their neighbors.

Chapter I. The use of international law to ensure the economic security of states in modern conditions

1. Features of modern international economic relations 2. The concept of "economic security"

3. International legal support of economic security.

Chapter II. Regulatory guarantees for the economic security of states

1. The principles of modern international law as the basis of the system of international legal support for the economic security of states

2. Economic coercion and economic sanctions in modern international law.

3. Regulatory provision of the economic security of states in the field of trade.

Chapter III. Organizational and legal guarantees for ensuring the economic security of states

1. Ensuring economic security within the UN system.

2. Ensuring economic security in the WTO system.

3. Ensuring economic security within the framework of regional integration associations.

Recommended list of dissertations in the specialty "International Law, European Law", 12.00.10 VAK code

  • International Legal Aspects of Ensuring General Security 1997 PhD in Law Mohammad Taher

  • Impact of economic sanctions of the United Nations Security Council on the enforcement of private law treaties of an international nature 2005, candidate of legal sciences Kryuchkova, Irina Nikolaevna

  • International Legal Mechanisms for Regulating Economic Integration and State Sovereignty 2010, Doctor of Law Efremova, Nellya Andreevna

  • Global and Regional Collective Security Systems at the Present Stage: International Legal Aspects 2004 Doctor of Law Mohammad Tahir

  • International legal framework for ensuring the collective security of the CIS member states 2003, candidate of legal sciences Arkhangelsky, Alexander Valerievich

Introduction to the thesis (part of the abstract) on the topic "Economic security of states and the problems of its international legal support in modern conditions"

Relevance of the research topic. The process of formation in the Russian Federation of a market economy, as an integral part of the world economy and the international market, is associated with the growth of external threats to national economic security (hereinafter - NES). The complexity of the problem of ensuring economic security is due to the fact that it is of a complex nature and must be solved not only by economic, but also by legal means, including within the framework of international law.

Despite all the attempts made during the 20th century, ensuring the security of states in the economic sphere remains one of the most acute problems of modern international law. The normative regulation of this issue is associated with the constant struggle of developed and developing countries to consolidate their interests in international law, based on different approaches to understanding national economic security.

In this regard, it is necessary to analyze modern international law from the standpoint of its use to ensure the NEL of Russia, the results of which should be taken into account when creating a comprehensive strategy for ensuring national security.

In the modern science of international law, the problem of international legal support for economic security has not yet attracted due attention. Most of the currently available work on this topic refers to the period of the 80s - early 90s, when the issue of international economic security was discussed within the framework of the United Nations.

An analysis of the features of international economic relations that have a significant impact on the development of the system of international legal support for the economic security of states, the study of a set of principles and norms of modern international law, as well as existing organizational and legal institutions - are prerequisites for creating an effective state system for ensuring the national economic security of the Russian Federation. Federation.

The degree of development of the research topic. At the moment, there are no monographic works specifically devoted to a comprehensive analysis of the problem of international legal support for the economic security of states in the current stage of development of the world economy. Some issues of ensuring economic security in modern conditions were considered in general works on international economic law by such Russian legal scholars as G.M. Velyaminov, A.A. Kovalev,

B.M. Shumilov. The problems of international legal support of international security as a whole are studied in the works of S.A. Voitovich,

C.A. Malinina, A.V. Pirogov, E.I. Skakunova, R.A. Tuzmukhamedova, N.A. Ushakova, V.N. Fedorov.

A special role in substantiating the NEB concept is played by the works of domestic economists and political scientists: L.I. Abalkina, I.Ya. Bogdanova, N.P. Vashchekina, B.C. Zagashvili, N.A. Kosolapova, M.A. Muntyan, V.A. Pankova, V.K. Senchagova, A.I. Strakhova, A.D. Ursula. In the works of these authors, the features of ensuring the economic security of states at the present stage of development of international economic relations, as well as the problems of Russia's inclusion in the world economy, are studied.

The object of the study is interstate relations regulated by modern international law in the field of ensuring the economic security of states.

The subject of the study is a complex of normative and organizational-legal institutions operating in international law aimed at ensuring the economic security of states from external threats.

Purpose and objectives of the dissertation. The purpose of the dissertation research is to, based on an analysis of the features of modern international economic relations and the concept of economic security, to study modern international legal regulatory and organizational institutions that can be used to ensure the economic security of the Russian Federation.

The achievement of this goal led to the setting of the following main tasks: to identify the features of modern international economic relations and the elements of the economic security of states that must be taken into account when analyzing the system of international legal support for the economic security of states; explore the history of raising the issue of ensuring the economic security of states in international law; determine the role of international law in solving the problem of ensuring the economic security of states; analyze the possibilities of international law in ensuring the economic security of the state from objective and subjective threats of an external nature, within the framework of a unified system for ensuring national security; to analyze the system of normative and organizational-legal guarantees that exist in modern international law; to study the existing principles and norms that can be used to ensure the economic security of states, as well as their development trends;

To reveal the main features and prospects for the development of organizational and legal guarantees of economic security, primarily the UN and WTO systems, as well as regional integration economic associations;

The methodological basis of the thesis is the following methods: general scientific (comparison, analysis, synthesis, induction, deduction, analogy), special (formal-logical) and private law (interpretation, comparative-legal, technical-legal).

The theoretical basis of the study was:

General theoretical works on international law;

Works on some main branches of international law;

Works on general and special issues of international economic law;

Normative-legal sources of international law;

Special works on the problems of globalization, interdependence, regionalization and national economic security.

The provisions and conclusions contained in the work are based on the works of domestic legal scholars: B.M. Ashavsky, D.I. Baratashvili, M.M. Boguslavsky, V.A. Vasilenko, S.A. Voitovich, G.M. Velyaminova, A.Ya. Kapustina, E.M. Klimenko, A.A. Kovaleva, Yu.M. Kolosova, D.K. Labina, D.B. Levina, I.I. Lukashuka, S.V. Marinich, V.I. Menzhinsky, A.A. Moiseeva, A.V. Pirogov, E.I. Skakunova, R.A. Tuzmukhamedova, G.I. Tunkina, E.T. Usenko, N.A. Ushakova, S.V. Chernichenko, G.V. Sharmazanashvili, V.M. Shumilova.

The author widely used the works of economists and political scientists: L.I. Abalkina, I.Ya. Bogdanova, N.P. Vashchekina, E.B. Zavyalova, B.C. Zagashvili, M.D. Intriligator, N.A. Kosolapova, S.A. Malinina, A. Mikhailenko, M.A. Muntyan, V.A. Pankova, A.V. Prokopchuk, L.V. Sabelnikova, V.K. Senchagova, A.D. Ursula.

Among the foreign scientists whose works were used in writing the dissertation, it is necessary to name: D. Carro (D. Carreau), M. Bedjaoui (M. Bedjaoui), J. Fawcett, D. Fischer , J. Jackson (J. H. Jackson), P. Juillard (P. Juillard), G. Hufbauer (G. C. Hufbauer), K. Knorr (K. Knorr), X. Machovski (N. Machovski), X. Maul (J. Maull), R. McGee (R. McGee), K. Murdoch (S. Murdoch), S. Reisemann (S. Reismann), J. Rosenau (J.N. Rosenau), M. Shimai, A. Tita (A. Tita), J. Tinbergen (J. Tinbergen), R. Vernon (R. Vernon), M. de Vries (M G. de Vries) and others.

The scientific novelty of the dissertation lies in the fact that in this work, for the first time, the possibilities of modern international law in the field of ensuring the economic security of states at the present stage of development of international economic relations are considered. The author highlights the elements of economic security, the provision of which requires the use of international law. The analysis of the current state and prospects for the development of a complex of international legal guarantees of the economic security of states is carried out. The main provisions of the dissertation submitted for defense: 1. In modern international economic relations (IER), there are a number of features that influence the development of modern international law and should be taken into account when studying the issue of international legal support for the NEL.

2. A systematic analysis of the concept of economic security allows us to identify a number of elements, the problem of ensuring which can be solved with the help of international law.

3. Differences in the approaches of developed and developing countries, as well as countries with economies in transition to the problem of international legal support of economic security, do not allow us to talk about the creation in the near future of a global system for ensuring the economic security of states. In this regard, the importance of ensuring the economic security of states within the framework of regional economic associations is increasing.

4. An analysis of the main groups of NEW threats allows us to conclude that international law can be used to counter threats of both an objective and subjective nature.

5. In order to include Russia in the modern world economy on terms that will contribute to the effective counteraction to threats to the national economic security of the country, it is necessary to take a number of steps in the field of international legal support for economic security, related to the analysis of modern international law and the development of a strategy of action to consolidate in international law of Russia's national interests in the economic sphere.

6. Broad and narrow approaches to understanding the international legal support of the economic security of states are highlighted. In a broad sense, the system of international legal support for economic security includes the norms of all branches of international law, since the relations that are the subject of their regulation can, to one degree or another, influence the formation and prevention of threats to the economic security of any state. A narrow approach to understanding the international legal support of the economic security of states is based on the presentation of the general principles of international law and the special principles of international economic law, as well as the normative and organizational-legal institutions of international economic law as a unified system of normative and organizational guarantees of the economic security of states.

7. Trends in the development of certain general principles of international law and special principles of international economic law, which play an important role in ensuring the economic security of Russia, are determined.

8. An analysis of the current state and prospects for the development of the UN system from the point of view of ensuring the economic security of states confirmed the need to create a body within the UN that would deal with the problems of economic disputes and the application of economic sanctions, as well as the need to expand the competence of ECOSOC in the field of interaction with major international economic organizations within the framework of joint programs.

9. An analysis of the system of regulatory and organizational institutions operating within the WTO allows us to conclude that the WTO has created a system of regulatory and organizational mechanisms to ensure the national economic security of member countries. This system should be studied in connection with the planned accession of Russia to the WTO, both from the point of view of its use in order to realize the national economic interests of Russia in the markets of the WTO countries, and from the point of view of counteracting the use of these mechanisms in relation to Russia.

10. An analysis of the main regional economic associations in the conditions of the modern development of the world economy allows us to conclude that today they are the main tool for ensuring the economic security of both individual countries and their groups from external threats.

Theoretical and practical significance of the research results. Based on the analysis of modern international law, Russian and foreign scientific literature, the study of the regulatory and organizational mechanisms of the UN, the WTO and regional economic associations, the author formulates conclusions regarding the understanding of the essence and features of the modern system of international legal support for economic security, which can be used: a) in further scientific works devoted to the development of problems of the use of international law in order to ensure economic security; b) when analyzing systems for ensuring national economic security and international security in general; c) to improve the current legislation in the field of ensuring economic security, as well as the policy of ensuring the economic security of Russia when included in the modern world economy; d) in the system of higher education in the study of international law and non-legal disciplines.

Approbation of the research results. The dissertation was completed at the Department of International and Constitutional Law of the Moscow State Linguistic University, where it was discussed.

Some provisions of the dissertation research are presented in three scientific articles, and also tested at conferences and seminars held at the Moscow State Linguistic University and the Diplomatic Academy of the Russian Foreign Ministry.

The materials of the dissertation were used in conducting classes on the special course "International Economic Law" at the Moscow State Linguistic University.

The structure of the dissertation is determined by the logic of the topic and plan, the purpose and objectives of the study. The work consists of an introduction, three chapters, including nine paragraphs, a conclusion and a bibliography.

Dissertation conclusion on the topic "International Law, European Law", Ignatov, Yuri Vladimirovich

CONCLUSION

The study allows us to draw the following conclusions: W

1. The study of the issue of international legal support for the economic security of states and their groups from external threats requires taking into account the features of the development of modern international economic relations (IER) and international economic law (IEP), which include: the processes of economic globalization, interdependence and regionalization, development modern international economic relations based on competition between states and their associations, confrontation between developed and developing countries in the field of limiting the use of economic coercion and abuse of economic sanctions, insufficient international legal framework in the field of combating negative phenomena in international economic relations.

2. An analysis of the concept of economic security of states, carried out taking into account the peculiarities of modern international economic relations, allows us to identify a number of elements that make it possible to use the normative and organizational-legal institutions of international law: counteracting internal and external factors of an objective and subjective nature; ensuring the economic independence of states, which includes independence in determining the ways and forms of economic development without external pressure and interference; f ensuring the economic security of the state in conditions of interdependence, the consequence of which is an increase in the danger posed by external factors.

3. The history of the formulation of the problem of international legal support of economic security can be conditionally divided into several stages. The first stage covers the period of 20-30s. XX century, and is associated with the bilateral and multilateral efforts of the USSR to combat manifestations of economic aggression. The second stage is associated with the raising of the question of economic aggression by the USSR in 1953 when discussing the definition of aggression and the concept of "force" in various UN bodies. Despite the failure that followed, the interest of developing states in creating the legal foundations for international economic security was expressed in the third stage, associated with an attempt to establish a New International Economic Order and subsequent consideration in the UN of the issue of international economic security. In the early 90s. work on the concept of international economic security was suspended, however, the support received by the idea of ​​ensuring the economic security of states through international law, and the return of the UN to the discussion of the problem of economic sanctions and problems associated with coercion in the economic sphere, allow us to conclude that a new stage in the creation of international legal framework for the economic security of states.

4. There are deep contradictions in the approaches of developed and developing countries, as well as countries with economies in transition, to the problem of international legal support for economic security. As the analysis of the concepts of economic security has shown, the main task of developed countries is to maintain economic independence and gain control over the resources necessary for the normal development of the national economy, as well as to create conditions that guarantee the existence of markets for products. This approach underlies the policy of Western countries in the field of international law. It is characterized by the rejection of the use of rigid norms and the desire to use "soft" law and more flexible organizational and legal institutions that allow the active use of various methods of political and economic pressure.

The position of developing countries and countries with economies in transition, which, within the framework of this approach, are a source of resources and markets for products, is based on the idea of ​​creating a system of the regulatory framework of international economic relations based on the general and special principles of international law, which includes a system of regulatory and organizational institutions to ensure economic security of states. It is this position that Russia should adhere to when creating a strategy for its foreign policy measures in connection with ensuring national economic security.

5. The effectiveness of the mechanism of international legal support of economic security is determined by its ability to guarantee the security of states in two situations - in the event of the impact on the national economy of negative factors of an objective nature, and also in the case of the impact of negative factors of a subjective nature. In the first case, a regulatory framework is needed, on the basis of which the coordination of individual and collective actions of states and international organizations to provide assistance to a state or a group of states affected by external economic impact generated by the objective laws of the functioning and development of the IEO will be carried out. In the second case, a system is required that ensures the construction of the MEO on a democratic basis, which limits, and ideally prohibits, the use of means of economic coercion, within which there is a system of peaceful settlement of disputes caused by differences in the national interests of the MEO member states.

6. Taking into account the complexity of the globalization process, the combination of both objective and subjective elements in it, the national strategy for Russia's inclusion in the world economy should include a number of steps in the field of international law: analysis of the existing regulatory bilateral and multilateral framework in order to identify norms that ensure the economic security of the state ; active F use of existing regulatory and organizational institutions to ensure security in the economic sphere; active participation in the development and adoption of norms within the framework of international organizations; creation and development of a clear regulatory framework for interaction with friendly countries within the framework of integration associations, taking into account the positive experience of other countries; definition of norms that require creation or further development and strengthening; taking steps to create and develop these norms in international law; active participation in international organizations that have an impact on the development of the globalization process in order to implement their own interests and initiatives within their framework.

7. Within the framework of such a strategy, understanding the role of international law in ensuring the economic security of states is possible both in a broad and narrow sense. In the first case, the system of international legal support for economic security includes almost all branches of international law, since the relations that are the subject of regulation of various branches of international law are more or less capable of influencing the formation and prevention of threats to the economic security of any state. As part of a broad approach, it is necessary to analyze such branches of international law as, for example, the law of international security, international maritime law, a set of rules governing international legal responsibility and the peaceful settlement of international disputes, as well as rules created within the framework of interstate cooperation in combating crime, especially organized economic crime. A narrow approach to understanding the international legal support of the economic security of states is based on the presentation of the general principles of international law and the special principles of international economic law, as well as the normative and organizational-legal institutions of international economic law as a single system. Within this system, two groups of guarantees can be distinguished: regulatory and organizational. In addition to the general and special principles of international/international economic law, the concept of normative guarantees includes rules related to the fight against economic coercion, the misuse of economic sanctions, as well as other rules that have been formed in international law, primarily within the framework of the multilateral system regulation of international trade. The complex of organizational and legal guarantees is associated with the active use and development of the current UN system and international economic organizations, as well as with the activities of economic integration associations.

8. To ensure the economic security of states, an important role is played, first of all, by such general principles of international law as the principle of non-use of force or threat of force, the principle of non-interference in the internal affairs of states, the principle of cooperation and the principle of sovereign equality of states.

The process of globalization and the internationalization of many issues of the internal competence of states are used as a basis for the conclusion that the importance of the principle of sovereignty is steadily declining and, most likely, will disappear in the near future. As studies by Russian and foreign scientists have shown, at the present stage the importance of state sovereignty is only increasing, although states are obliged to exercise sovereign rights, including in exercising control over the economy, taking into account their international obligations.

An important role in the system of normative support of economic security is played by the principle of non-interference in the internal affairs of states. External illegal interference in the national economy is possible in two forms: direct and indirect. In cases of direct interference carried out in the public sphere, the application of the principle of non-intervention is fully justified. It can become one of the elements of protection against unlawful interference in the internal affairs of the state. However, in the case when pressure on the government or other negative interference in the economic life of states is the result of the activities of private foreign companies, their representative offices and dependent enterprises, counteraction is possible only with the help of national law. One of the trends in the development of the principle of non-intervention is the reduction of the exclusive internal competence of states in many traditionally sovereign areas, which is associated with the development of international legal regulation. In this regard, it should be borne in mind that modern international law allows for legitimate interference, which is the result of the participation of states in various international treaties and international organizations.

In our opinion, at the present stage, it is necessary to consolidate the principle of prohibition of economic coercion in international law. The first step towards the creation of this principle and the definition of its specific content may be the Resolution of the UN General Assembly. In the future, this principle should be developed and consolidated within the framework of bilateral and multilateral relations between states.

Also, in our opinion, it would be advisable to enshrine in international law the principle of equal economic security, which would prohibit ensuring the economic security of one state (or group of countries) by increasing the dangers to the economy of another state.

9. In the sphere of normative guarantees of the economic security of states, two particularly acute problems can be distinguished: the problem of economic coercion and the question of the application of economic sanctions by states.

The problem of economic coercion is related to the interpretation of the term "force", established in paragraph 4 of Article 2 of the UN Charter, in connection with its use in relation to the phenomenon of economic coercion. Under modern international law, the concept of "force" refers only to the use of military force. Therefore, the problem of the use of illegal economic influence should be solved within the framework of the restriction of "economic coercion".

The problem of combating economic coercion has always been associated with a sharp confrontation between the socialist and developing states, on the one hand, and Western countries, on the other. The result of this tense struggle was the absence in international law of clear rules for the use of economic coercion. Basically, the prohibition on the use of economic coercion is contained in the resolutions of the UN General Assembly, which cannot be considered a sufficient regulatory framework for the formation of a rule on the prohibition of economic coercion in the International Economic Relations.

An additional complication is the political and economic aspect of the problem of economic coercion. Due to the lack of clear rules, the enforcement measures used often do not achieve their intended goals, involve the use of means that only exacerbate the situation in the target country, and often also have commercial purposes, for example, they can be used to aggressively enter the market of the target country and drive out competitors .

Today, the UN is trying to resolve the problem of sanctions. There is a need for support and further development of the draft Declaration on Basic Conditions and Standard Criteria for the Imposition and Application of Sanctions and Other Coercive Measures, which formulates the rules governing the practice of applying sanctions. The creation within the framework of the UN of a regulatory framework and international bodies dealing with the issue of applying economic sanctions and controlling the implementation of coercive measures are the most important issues in the development of the system of international ensuring the economic security of states.

10. There is a need to develop the UN system in the field of IER regulation. Perhaps it would be appropriate to create a UN Economic Security Council (ESC), whose functions will be to monitor the state of the world economy, assess the relationship between the main policies, strategic harmonize the policies of a number of international organizations and ensure consistency in the implementation of their program goals, as well as promote intergovernmental dialogue on the development of the global economic system. It should be noted that the system of distribution of seats in this body proposed within the framework of the SEB concept does not meet the interests of Russia, since it is assumed that the seats in this body should belong to the economic powers of the world that occupy leading positions in terms of GDP calculated at purchasing power parity.

In connection with the need to improve the effectiveness of ECOSOC in the field of international economic relations, as well as to find a comprehensive solution to the problem of developing countries and the implementation of the Millennium Goals, the main activity of ECOSOC should be interaction with leading international economic organizations on the development and implementation of joint programs with the UN, as well as ensuring information exchange between ECOSOC and the UN Security Council.

If an international system dealing with the problem of regulating international economic relations is created on the basis of ECOSO, it will be possible to speak of the formation of a global system for ensuring the economic security of states. While this process is in the initial stage of development, it is necessary to determine Russia's priorities in this area and take an active part in the development of fundamental documents. Such a strategy can ensure that Russia's national economic interests are taken into account and, possibly, implemented at the international level.

I. The system of normative and organizational mechanisms for ensuring economic security, created and operating within the framework of the WTO, is one of the most developed in modern international law. When forming the WTO system, the participants provided for the possibility of the lawful use of economic reprisals in order to counteract dishonest business practices on the part of economic entities of other WTO member countries (combating threats of a subjective nature), as well as in order to minimize the negative consequences that have arisen in any sectors of the national economy in connection with the liberalization of trade (the fight against threats of an objective nature). A number of regulatory guarantees for the economic security of the participating States have been supplemented by the creation of a dispute resolution mechanism, which allows for the peaceful settlement of emerging disputes. By joining the WTO, Russia will be able to use these mechanisms to ensure national economic security. At the same time, it is necessary to take into account the reverse effect that may occur when using these mechanisms in relation to Russia. The basis for making a decision on joining the WTO should be a comprehensive economic and legal analysis of the consequences of joining the WTO. When considering the WTO system, special attention should be paid to the analysis of the following institutions that can be used by states to ensure national economic security: procedures for combating dumping and state subsidies; mechanism for the use of protective measures; norms allowing the introduction of quantitative restrictions on external trade, as well as norms providing for the possibility of derogation from obligations under any multilateral agreement concluded within the WTO. It is necessary to analyze the practice of applying such rules and the activities of the relevant WTO bodies in order to identify the conditions and features of the functioning of existing mechanisms.

12. The creation of regional economic organizations increases the ability of states to ensure collective economic security while countering external threats, and also helps to increase the competitiveness of both individual countries and the entire group as a whole. In our opinion, today the creation of economic integration associations is the main way to ensure collective economic security. For the Russian Federation, the problem of regionalism is connected, first of all, with the creation of the EurAsEC. Today, the integration processes within the EurAsEC are not yet as pronounced as, for example, in Western and Eastern Europe, however, in our opinion, the best interests of the EurAsEC member countries would be the creation of a regional economic grouping with a high degree of integration, in within which Community law will have a supranational character. Such a basis for interaction will ensure the effective implementation of both individual and group economic interests of the participating countries, whose economies are characterized by a high degree of interdependence. When creating regional economic associations in Russia, special attention should be paid to the problem of the participation of member countries of economic integration associations in the WTO, since the creation of economic associations between WTO members requires compliance with a certain procedure within which the WTO can make binding decisions. Also, one should take into account the obligation of WTO members not to worsen the existing conditions provided to other members of the organization when creating a regional integration grouping, which requires a coordinated policy of joining the WTO.

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