Parenting 

The international cooperation. Implementation in the Russian Federation of acts of bodies of international organizations Information on changes

Myasnyankin VN, lawyer of the Bar Association of the Kursk region, member of the Russian Association of International Law.

The direct application by Russian state bodies of the norms created within the framework of international organizations is possible due to part 4 of article 15 of the Constitution of the Russian Federation, which included international law in the legal system of our country. To determine the rules that can be applied, it is necessary to invoke certain provisions of international law.

Acts of international organizations may have a rule-making character in the case and to the extent that it is provided for by the constituent documents of these structures. Basically, there are three ways of forming international obligations for member states in the activities of international organizations:

  • decisions of certain organs of an international organization, the legal binding of which for member states is recorded in the constituent documents, such as, for example, decisions of the UN Security Council on substantive issues provided for by the Charter of the United Nations;
  • conventions developed within the framework of an international organization; obligations under them are recognized by states in the same way as under any other treaties; the application of the norms of such conventions in the Russian legal system does not differ from the application of the norms of other international treaties<*>;
<*>See: Malinin S.A. On the law-making activities of interstate organizations // Soviet Yearbook of International Law. 1971.
  • recommendations that are usually non-binding; but there may be cases where Member States have agreed to make recommendations binding.

The widespread expression "convention adopted by an international organization" means that a convention was developed using the mechanism of the relevant international organization.

Let's take the WHO as an example. Within the framework of the World Health Organization, the World Health Assembly, the supreme body of WHO, is vested with the authority to adopt conventions and other international agreements on all issues within the competence of WHO. The Assembly includes all member states of WHO, so we can say that in this case the Assembly acts in the same way as an international conference.

In accordance with the WHO Constitution, at least 2/3 of the votes of the Assembly is required for the adoption of an agreement. If the vote took place, this means that the Assembly approved the text of the agreement under discussion. Approval of the text of the agreement does not yet make it legally binding. Each Member State of WHO must carry out the ratification or approval procedure in accordance with its own legislation<*>.

<*>Karkishchenko E.I. Rule-making activities of the World Health Organization // Moscow Journal of International Law. 2004. N 1. S. 76 - 84.

The acts adopted by individual bodies of an international organization have different names, and in the process of their development there is a large specificity in each organization. These acts can be different in their functions: they can be a source of law, an act of interpretation of law and a law enforcement act. In developing such acts, not only international law, which is applicable, of course, to relations between member states of an organization, but also the internal law of each individual organization is of great importance. At the same time, certain habits of adopting recommendations are already clearly emerging. So, in the activities of international organizations, the so-called practice of "tacit consent" with the recommendation or regulation adopted by the bodies of the UN specialized agencies (the already mentioned World Health Organization, the International Civil Aviation Organization, the World Meteorological Organization and others) is increasingly spreading. Let's consider this method of lawmaking on the example of WHO. According to the Constitution, its Assembly is vested with the power to make regulations in the field of international health concerning:

  • sanitary, quarantine and other measures aimed at preventing the spread of diseases beyond the national borders of any state;
  • nomenclature of diseases, causes of death and standards of public hygiene;
  • standards for diagnostic methods used internationally;
  • regulations governing the safety, purity and potency of biological, pharmaceutical and similar products in international circulation;
  • standards in the field of advertising of biological, pharmaceutical and similar products in international circulation.

States that do not agree with the regulation must within the prescribed period (from 3 to 9 months) declare their refusal to accept the regulation or make reservations to it. This procedure, as we can see, differs from the usual practice of accepting international obligations, according to which the state assumes obligations under an international treaty only after positively expressed consent by signing or ratifying this treaty<*>. The regulations come into force and acquire the character of normative documents for all states, with the exception of those that have declared their refusal to accept the regulation.

<*>See: Zaitseva O.G. International organizations: decision making. M., 1989.

Its specificity exists in the application of acts adopted by United Nations bodies. Russia has developed the practice of issuing acts dedicated to the implementation of the decisions of the UN Security Council, which, according to the UN Charter, are binding. Such acts make serious changes to the law of the country, for example, they prohibit any economic ties with the state against which Council sanctions are applied, despite the fact that these ties were legally formalized in accordance with the law of the Russian Federation. In some cases, decrees of the Government acted as acts of the state, in others - decrees or orders of the President. In these cases, it is possible to change the norms of internal law without ratifying the relevant documents.

The contradiction of the law adopted by the Federal Assembly of the resolution of the Security Council may serve as a basis for its rejection by the President. In September 1995, the President of the Russian Federation rejected the law on the termination of the participation of the Russian Federation in the implementation of international sanctions against Yugoslavia. As a basis, the President pointed to the contradiction of the law with international law. A similar situation took place in the United States in connection with the initiative of the Congress to lift the arms embargo on Muslims in the former Yugoslavia. The resolutions of the UN Security Council on the lifting of sanctions are being implemented in the same manner.

The Constitutional Court of the Russian Federation, when making its decisions, often also relies on the resolutions of the UN General Assembly and some of its other bodies, which are not binding. O.I. Tiunov considers the use of such acts not an end in itself. The recommendatory resolutions of international organizations, especially those on the protection of human rights, contain provisions related to models of behavior based on the practice of many states that coincides in parameters. To a certain extent, they summarize the approaches of these states to resolving issues of a general humanitarian nature and contain guidelines that could be useful for other states. In fact, advisory resolutions accumulate the experience of states in one or another area of ​​their activity, contain provisions that are more specific and new approaches compared to the provisions of existing international legal norms, reflect the legal consciousness of mankind and ultimately serve as an incentive for states in their work on the codification and progressive development of international law.

A somewhat different use of the resolution of the UN General Assembly is noted in the practice of the Supreme Court of the Russian Federation. When reviewing the case concerning the observance of the rights of the heirs of the repressed persons, the Court used the declarations of the General Assembly to disclose the concept of "a person entitled to compensation", but took the Law of the Russian Federation "On the Rehabilitation of Victims of Political Repressions" as the legal basis for its decision.

In some cases, the binding nature of decisions taken by international organizations is supported by the existence of control mechanisms. Such mechanisms operating in the field of human rights protection are widely known.

Russia's relations with such an important organization as the International Labor Organization are also of considerable interest. A feature of this organization is the presence of a control mechanism, the foundations of which are laid down in the Charter (adopted in 1919), so that each member state of the ILO recognizes the obligation to monitor compliance with obligations under the conventions and recommendations developed within the framework of this organization. The difference between the two categories of instruments adopted by the International Labor Organization - conventions and recommendations - is that conventions are ratified by member states and become binding, while recommendations remain recommendations.

State reports are the main means of control within the ILO. The reporting procedure is based on the right of the Organization to request reports from Member States and on the duty of those States to submit them in due time and in the proper form. It follows from the ILO Constitution that member states are required to submit reports on ratified conventions and non-ratified conventions and recommendations. Thus, the governing bodies of the Organization keep under control not only the implementation of ratified conventions, but also the progress of work on non-ratified conventions and even the consideration of recommendations.

With regard to ratified conventions, each member of the Organization undertakes to submit annual reports to the International Labor Office (ILO secretariat) on the measures taken to apply the conventions to which it has acceded. The content of the report is determined by the Governing Body of the ILO (the executive body of the ILO). For conventions that have not been ratified, Member States shall submit reports on the status of national legislation and existing practice to which the non-ratified convention applies, as well as on what measures have been taken or are planned to give effect to the provisions of the convention, and on circumstances preventing ratification.

Member States are also required to report to the Director-General of the International Labor Office on the status of national legislation and existing practice on the matters to which a recommendation relates; about what measures have been taken or planned to implement the provisions of the recommendation, as well as about the changes that need to be made to the recommendation for its application. True, in practice, the Organization rarely resorts to this procedure, concentrating mainly on the reports of states on conventions<*>.

<*>See: Glikman O.V. The mechanism for monitoring compliance with the obligations of the member states of the International Labor Organization (ILO) // International Lawyer. 2003. N 4. S. 52.

There are no penalties for non-execution of certain documents, the whole matter is limited to discussion. Nevertheless, Member States are closely monitoring the implementation of their respective obligations. Thus, the practice of the International Labor Organization shows that Russian state bodies have the right to apply the rules contained in non-ratified conventions, and are obliged to apply the provisions of ratified conventions. International obligations may also arise before the signing of the founding treaty of an international organization, when the state intends to join it. It is generally recognized that international organizations have the right to impose certain criteria on member states. Therefore, often the state assumes the obligation to take certain measures in order to achieve compliance for entry into the organization. Thus, although formally legally the founding treaty of an international organization is not valid for a candidate state for accession, it gives rise to obligations for this state. The relations of the Russian Federation with the Council of Europe serve as a very good illustration of this. Following Russia's application for membership in the Council of Europe, the Parliamentary Assembly of the Council of Europe (PACE) adopted Conclusion No. 193 (1996) of January 25, 1996. The Conclusion listed the main obligations, the observance of which was a criterion for the readiness of the Russian Federation to become a full member of this organization and continue membership in the future.<*>. Some obligations were predominantly political and determined by the specific situation (withdrawal of the 14th Army from Moldova, cessation of the first Chechen war, etc.). At the same time, most of the recommendations were of a legal nature and related to specific measures to bring Russian legislation and law enforcement practice in line with European standards.

<*>See: On the fulfillment by Russia of the obligations assumed upon accession to the Council of Europe. Special report of the Commissioner for Human Rights in the Russian Federation. M., 2002.

The provisions of Conclusion No. 193 are generally advisory in nature. However, the Conclusion itself is, in fact, an annex to the legally binding Resolution of the Committee of Ministers of the Council of Europe (96)2 of February 8, 1996, proposing Russia to join the organization. In addition, back in February 1995, in a special Message to the Council of Europe, signed by the President of the Russian Federation B.N. Yeltsin, Prime Minister V.S. Chernomyrdin and V.F. Shumeiko and I.P. Rybkin, contained a promise to improve Russian legislation and bring it into line with European standards. An appendix to the Address entitled "Explanations to the drafting and plans for improving the legal order in Russia" presented an analysis and plans for improving Russian legislation and law enforcement practice. The main idea of ​​the Message and its appendix was that Russia took upon itself an unambiguous promise to fulfill the recommendations to be formulated by the Council of Europe. From a legal point of view, this was a unilateral act of a state that voluntarily assumed international obligations, and retained this character until February 28, 1996, that is, until Russia was accepted as a member of the Council of Europe.

Russia had to fulfill a significant part of the requirements of the Council of Europe within a year after joining this organization. In particular, it was necessary to ratify the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols (Nos. 1, 2, 4, 7, 9, 10 and 11), as well as a number of other European conventions; to reform the prosecutor's office; adopt a law on the Commissioner for Human Rights; amend the laws on national minorities, on fundamental political freedoms, and on freedom of religion; improve the conditions of detention of prisoners in prisons and transfer penitentiary institutions to the competence of the Ministry of Justice of the Russian Federation; introduce a moratorium on the execution of death sentences from the day of joining the Council of Europe and abolish the death penalty within three years by ratifying Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms; lift all bans on free movement and choice of residence; recognize in law the right of citizens to individual appeal to the control bodies of the Council of Europe and the mandatory jurisdiction of the European Court of Human Rights.

9) participates together with interested federal executive bodies in the implementation of interaction with international inspection teams of the Organization for the Prohibition of Chemical Weapons (hereinafter referred to as the Organization) on the territory of the Russian Federation;

10) selects safe and economically acceptable technologies for the destruction of chemical weapons;

11) ensure the development and creation of technologies and technological equipment for the dismantling of chemical munitions, as well as the destruction or disposal of their components;

12) organizes the design and examination of projects, as well as the construction, on the basis of an agreement with the Ministry of Defense of the Russian Federation, of facilities for the destruction of chemical weapons and related facilities of special and social infrastructure, the necessary environmental facilities and facilities for medical and preventive purposes;

13) organize the operation of facilities for the destruction of chemical weapons, including the training of personnel for their operation and maintenance, the provision of personal protective equipment, antidotes and instrumentation control;

14) organize and ensure the performance of work on the safe storage of stockpiles of chemical weapons until their complete destruction;

15) carries out licensing of activities for the storage and destruction of chemical weapons;

16) makes decisions on the provision of organizations of the Russian Federation with toxic chemicals included in List 1 of the Annex on Chemicals of the Convention for purposes not prohibited by the Convention;

17) represent, within its competence, the interests of the Russian Federation in international organizations and in relations with foreign states on the problems of chemical disarmament;

18) participate in the prescribed manner in the development of draft international treaties in the field of chemical disarmament;

19) participates, together with interested federal executive bodies, in developing the position of the Russian Federation in negotiations on the implementation of the provisions of the Convention;

20) ensure, together with the federal executive authorities concerned, the representation of the Russian Federation in the Organization, as well as participation in the work of the sessions of the Executive Council of the Organization and conferences of the States Parties to the Convention;

21) participate in the preparation and implementation of measures for international cooperation in the field of chemical disarmament;

22) develops and, in accordance with the established procedure, submits to the Government of the Russian Federation draft agreements with the Organization on the implementation of international control at Russian facilities subject to declaration and control in accordance with the requirements of the Convention;

23) organizes and ensures, within its competence, work to monitor the implementation of the provisions of the Convention by other states parties to the Convention;

24) prepares, jointly with interested federal executive authorities, and submits to the Government of the Russian Federation reports on compliance with the provisions of the Convention by other States Parties to the Convention and proposals for the elimination or reduction of threats;

25) organize research and development work to create means and develop methods of national control in the field of chemical disarmament;

26) exercises control, together with the Federal State Statistics Service, over the completeness of the collection and reliability of data on the production, consumption and processing of chemicals included in lists 1 - 3 of the Convention;

27) organize and ensure, jointly with the federal executive bodies concerned, the reception in the Russian Federation and escort of the Organization's international inspection teams through its territory;

28) prepare facilities for the storage, destruction, production and development of chemical weapons and industrial facilities producing chemicals included in lists 1-3 of the Annex on Chemicals of the Convention, subject to declaration and control in accordance with the requirements of the Convention, for international inspections of the Organization;

29) prepares information in accordance with the provisions of the Convention and submits it to the Organization in accordance with the established procedure in agreement with the federal executive bodies concerned;

30) conducts, with the participation of federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments, activities to inform the population and public associations on issues of ensuring the safety of the population and protecting the environment when working with chemical weapons in places of their storage and destruction;

31) prepares, together with interested federal executive bodies, annual information reports of the Government of the Russian Federation on the implementation of the Convention for submission to the President of the Russian Federation and the Federal Assembly of the Russian Federation;

32) develops and creates state standard samples of poisonous substances, products of their destruction and degradation, subject to control in the course of the destruction of chemical weapons, the destruction or conversion of facilities for the production and development of chemical weapons;

33) maintains the state register of approved types of state standard samples of the composition of toxic chemicals;

34) ensures the security of facilities for the production and development of chemical weapons until their complete destruction or conversion, as well as until the elimination of the consequences of their activities;

35) organizes work on the destruction or conversion of facilities for the production and development of chemical weapons, as well as work on the elimination of the consequences of their activities;

36) requests from the Ministry of Defense of the Russian Federation premises for inspection of the inspection equipment of the international inspection teams of the Organization at the designated points of entry into the territory of the Russian Federation and exit from the territory of the Russian Federation (hereinafter referred to as points of entry/exit);

37) submit to the board of the Military-Industrial Commission of the Russian Federation proposals agreed with the interested federal executive bodies on the formation of a state defense order in terms of work to fulfill the international obligations of the Russian Federation in the field of chemical disarmament;

38) participates together with the Federal Service for Technical and Export Control in ensuring control over the certification and attestation of automated systems used in managing the technological process of chemical weapons destruction, including automated chemical munitions demilitarization lines, taking into account information security requirements;

39) participates, together with the Federal Service for Technical and Export Control, in the control of foreign economic operations for the export and import of chemicals included in lists 1 - 3 of the Annex on chemicals of the Convention, subject to declaration and control in accordance with the requirements of the Convention;

40) ensure, on the basis of agreements with the Federal Communications Agency, the provision of the necessary communication services to organize the work of the Organization's international inspection teams on the territory of the Russian Federation;

Information about changes:

5) participates within its competence in monitoring the implementation of the provisions of the Convention by other States Parties to the Convention;

7) participates in chemical-analytical studies carried out by international inspection groups of the Organization for the Prohibition of Chemical Weapons (hereinafter referred to as the Organization) on the territory of the Russian Federation;

8) ensure the readiness of military installations for inspections by the Organization upon request;

9) provides, at the request of the Ministry of Industry and Trade of the Russian Federation, premises for the examination of the inspection equipment of the Organization's international inspection teams at points of entry/exit.

3) exercise control over the implementation of the federal target program "Destruction of stockpiles of chemical weapons in the Russian Federation", approved by Decree of the Government of the Russian Federation of March 21, 1996 N 305;

4) carries out registration of projects and programs of technical assistance, maintenance of a unified register of projects and programs of technical assistance, as well as control over the intended use of technical assistance at the stage of organizational measures;

2) provides, together with other interested federal executive bodies, the representation of the Russian Federation in the Organization, as well as participation in the work of sessions of the Executive Council of the Organization and conferences of the States Parties to the Convention;

3) coordinate and carry out, within the framework of its powers, jointly with other federal executive bodies, measures for international cooperation in the field of chemical disarmament;

13.1. The Ministry of Natural Resources and Ecology of the Russian Federation exercises legal regulation in the field of state environmental supervision and state environmental expertise in the course of storage, transportation and destruction of chemical weapons, as well as in the elimination of the consequences of their activities.

15. Federal Security Service of the Russian Federation

1) participates jointly with the interested federal executive authorities in the inspection of the inspection equipment of the Organization's international inspection teams at points of entry/exit;

2) maintains an information database regarding the inspection equipment of the Organization's international inspection teams imported (exported) to the Russian Federation;

3) participates in decision-making on the admission of Russian and foreign citizens to the territory of facilities for the storage, destruction, production and development of chemical weapons in the Russian Federation;

4) participate in the development of measures to ensure the regime of secrecy in the implementation of international cooperation in the field of chemical disarmament;

5) coordinate the activities of the federal executive authorities participating in the fulfillment of the international obligations of the Russian Federation in the field of chemical disarmament, related to the preparation and implementation of measures to protect state secrets;

6) participates in the development of measures to ensure anti-terrorist and anti-sabotage protection of facilities for the storage and destruction of chemical weapons.

16. The Federal Service for Hydrometeorology and Environmental Monitoring exercises the following powers:

1) monitors the state and pollution of the environment in the areas of location (including in the zones of protective measures) of facilities for the storage, destruction, production and development of chemical weapons;

2) provides hydrometeorological support for the operation of facilities for the storage and destruction of chemical weapons;

3) participates within its authority in the creation and operation of emergency response systems at facilities for the storage and destruction of chemical weapons in terms of preparing and presenting operational and predictive information on the scale and levels of environmental pollution and its possible consequences;

4) participates in the scientific and methodological support of work to monitor the state and pollution of the environment in the areas where facilities for the storage and destruction of chemical weapons are located, including in zones of protective measures.

16.1. The Federal Service for Supervision of Natural Resources has the following powers:

1) federal state environmental supervision in carrying out work on the storage, transportation and destruction of chemical weapons, in the destruction or conversion of facilities for the destruction, production and development of chemical weapons, as well as in the elimination of the consequences of their activities within the established competence;

Information about changes:

By Decree of the Government of the Russian Federation of February 15, 2011 N 78, paragraph 16.1 of this Regulation is supplemented by subparagraph 3

3) establishes limits on the placement of waste at facilities for the storage and destruction of chemical weapons in the course of work on the destruction or conversion of facilities for the destruction, production and development of chemical weapons, as well as in the liquidation of the consequences of their activities;

Information about changes:

By Decree of the Government of the Russian Federation of February 15, 2011 N 78, paragraph 16.1 of this Regulation was supplemented by subparagraph 4

4) maintains state records of objects that have a negative impact on the environment and harmful effects on the atmospheric air, participating in the fulfillment of the international obligations of the Russian Federation in the field of chemical disarmament;

Information about changes:

By Decree of the Government of the Russian Federation of February 15, 2011 N 78, paragraph 16.1 of this Regulation was supplemented by subparagraph 5

5) maintains the state cadastre of wastes and state records in the field of waste management, and also carries out work on the certification of wastes of I-IV hazard classes generated in the course of fulfilling the international obligations of the Russian Federation in the field of chemical disarmament.

17. The Federal Customs Service shall exercise the following powers:

1) provides, on a priority basis, at the points of entry/exit customs control upon arrival (departure) of cargo with inspection equipment of the Organization's international inspection teams;

2) carries out, in accordance with the established procedure, customs clearance, including customs inspection, of the inspection equipment of the international inspection teams of the Organization at points of entry/exit according to the list approved by the Technical Secretariat of the Organization;

3) ensure control over the observance by the Organization's international inspectors of customs rules at points of entry/exit to the territory of the Russian Federation.

18. The Federal State Statistics Service, together with the Ministry of Industry and Trade of the Russian Federation and other interested federal executive authorities, collects information on the production, processing and consumption of chemicals included in 3) approves hygiene standards for maximum permissible concentrations and levels of exposure to harmful chemical and biological environmental factors;

4) organize the conduct of social and hygienic monitoring at facilities for the storage and destruction of chemical weapons;

5) ensures, within its competence, the sanitary and epidemiological examination of project documentation for compliance with sanitary rules, norms and hygienic standards.

22. The Federal Agency for Technical Regulation and Metrology exercises the following powers:

1) conducts metrological examination and certification of methods for measuring the content of toxic chemicals, standard samples and certified mixtures, as well as methods for performing measurements for monitoring the environment at facilities for the storage, destruction, production and development of chemical weapons and in zones of protective measures;

4) organize and carry out social and hygienic monitoring on the territory of the zones of protective measures;

6) develops and approves instructive and methodological documents on the prevention, diagnosis, clinic and treatment of acute and chronic injuries with toxic substances, the implementation of rehabilitation and rehabilitation measures for citizens employed in the work with chemical weapons, the provision of emergency medical care in case of emergencies in connection with with the performance of the said works;

7) organize and carry out sanitary and anti-epidemic and therapeutic and preventive measures in the course of work on the storage and destruction of chemical weapons, the conversion or destruction of facilities for their production and development;

8) organizes medical care (prevention, diagnostics, treatment, carrying out rehabilitation and rehabilitation measures, provision of emergency medical care in case of emergencies) for personnel of facilities for the storage and destruction of chemical weapons, as well as citizens living in zones of protective measures;

9) organizes medical care for international inspection teams of the Organization on the territory of the Russian Federation, including at inspected facilities, in accordance with the procedures agreed with the Organization;

10) provides scientific medical and hygienic support for the destruction of chemical weapons, the destruction or conversion of facilities for the production and development of chemical weapons, the development of effective antidote therapy and medicines.

26. Based on the proposals of the Ministry of Industry and Trade of the Russian Federation, agreed with the federal executive bodies concerned, the Collegium of the Military-Industrial Commission of the Russian Federation forms the state defense order in terms of work to fulfill the international obligations of the Russian Federation in the field of chemical disarmament, monitors the fulfillment of tasks of the state defense order in terms of work on the destruction of chemical weapons.

Implementation is the embodiment of the norms of international law in the behavior, activities of states and other entities, the practical implementation of legal prescriptions. There are the following forms of implementation.

Compliance is a form of implementation of norms-prohibitions. Subjects refrain from committing acts prohibited by criminal law. Example: Agreement between the Government of the Russian Federation and the Government of the Republic of Armenia on cooperation in the field of the peaceful use of atomic energy dated September 25, 2000. In accordance with this agreement, the exchange of information constituting a state secret between the Russian Federation and the Republic of Armenia is prohibited. with other entities that did not participate in the conclusion of this agreement. Failure to share this information will be proof that this rule is being followed.

Execution is the active activity of subjects in the implementation of norms. In accordance with the UN Convention against Transnational Organized Crime of November 15, 2000, each State Party submits the texts of laws and regulations to the UN Secretary General that ensure the implementation of the provisions of the Convention.

Use - the implementation of the provided opportunities contained in the norms of international law.

At the stage of entry of the norms of international law into the national legal system, a number of problems emerged. On the issue of the implementation of international acts in Russia, it should be said that the practice of executing international treaties and their implementation stumbles upon numerous obstacles and complexities of a legal, organizational, and political nature. It would be wrong to say that all the obstacles to the implementation of the treaties have been eliminated to date. A number of problems should be highlighted in the implementation of international acts in the legal system of the Russian Federation:

1. The absence of a clearly developed regulatory mechanism for the implementation of generally recognized customary principles and norms of international law, the unsettled status of these principles and norms.

The hierarchical position of generally recognized principles and norms, the form of expression of which is international custom, in contrast to contractual universally recognized principles and norms, the priority of which in relation to the norms of laws in cases of conflict with the latter is provided by Part 4 of Art. 15 is not clearly defined in the national legal system, which significantly complicates law enforcement activities. Kapustin A.N. Constitution and international law / A.N. Kapustin// Bulletin of RUDN.- 2004.-№1.- C 26-28 Their specific list has not been established.

  • 2. Incomplete compliance with Art. 3 and part 3 of Art. 5 of the Federal Constitutional Law "On the Judicial System of the Russian Federation" to the requirements of Part 4 of Art. 15 of the Constitution of the Russian Federation. Federal Constitutional Law No. 1-FKZ of December 31, 1996 (as amended on February 5, 2014) "On the Judicial System of the Russian Federation" which was expressed in the form of a federal law, clearly contradicts Part 4 of Art. 15 of the Constitution of the Russian Federation. These agreements should already be taken today in Art. 3 and part 3 of Art. 5 of the law under consideration, a place corresponding to their status established by the Constitution of the Russian Federation.
  • 3. Lack of systematization of the norms of international law in relation to branches of law. Speaking about the systematization of the norms of international law in general, it should be noted that this problem is very acute. Various scientists publish a large number of collections of international documents that fill the information sphere, but they are not official. In law enforcement activities, references to such sources are not allowed.

Unsystematized norms of international law significantly complicate the implementation of these prescriptions.

This problem by branches of law can be solved through the development and adoption of official annexes to sectoral codes containing the norms of international law to be applied within a particular industry.

  • 4. An undifferentiated approach to determining the position of various types of international treaties of the Russian Federation in the Code of Civil Procedure of the Russian Federation and the APC of the Russian Federation. Article 11 Code of Civil Procedure of the Russian Federation and Art. 13 of the Arbitration Procedure Code of the Russian Federation, speaking of international treaties of the Russian Federation as a whole, they do not divide them into types, while the ratio of the legal force of the norms of international treaties of the Russian Federation and the norms of other normative legal acts applied by the courts depends on the level of the body of the state that concluded the contract, and the form expression, consent to be bound by it. A differentiated approach to determining the position of various types of international treaties of the Russian Federation, taking into account their hierarchical force, should be reflected in these codes, which requires the introduction of appropriate additions to the named articles of the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation.
  • 3. Correlation between international legal acts and the legal system of the Russian Federation

At present, an important condition for the functioning of Russian legislation is the analysis of the nature, features, and sources of international law. According to a widely held point of view, international law has a conciliatory character, which means a special way of creating international legal norms.

Achieving such an agreement is often associated with a compromise, commensurate concessions of states to each other on certain issues, which makes it possible to conclude an international treaty. Consequently, the agreement acts as a way to create norms of international law. Coordination of positions allows the subjects of international law to interact in the international arena and embodies the unity of the states that have concluded an international treaty in solving joint problems and tasks.

The problem of acts of domestic and international law occupies one of the central places in science.

Within the framework of the national system of Russian law, acts of normative content and non-normative content are distinguished, united by vertical and horizontal links. The first group includes normative legal acts - laws and by-laws and interpretative acts of a normative nature - resolutions of the Plenums, acts of interpretation of the Constitution by the Constitutional Court of the Russian Federation, non-normative ones include various law enforcement acts, with the help of which there is a consolidation of power orders aimed at regulating and protecting specific legal relationship.

Normative legal acts of the Russian Federation are classified on the following grounds:

1. Depending on the legal force: laws, subordinate legal acts. In turn, the laws are divided into: the Constitution - the main political and legal act that establishes the constitutional order, the rights and freedoms of man and citizen, determines the form of government and the state structure, and establishes federal state bodies. The legal properties of the Constitution are: its supremacy, the highest legal force in relation to other legal acts, stability, direct action, is the core of the legal system, the general procedure for the adoption, revision, amendment, special protection by the state.

Federal constitutional laws are adopted on issues expressly designated in the Constitution. Federal constitutional laws, like other normative legal acts, must not contradict the Constitution of the Russian Federation. They are adopted not by a simple majority, but in a special order - for their adoption, at least two-thirds of the votes of the total number of members of the State Duma are required, and for approval by the Federation Council, at least three-quarters of the votes of the total number of members of this chamber are required.

Federal laws are adopted by a majority of votes from the total number of members of the State Duma and regulate a fairly extensive sphere of public relations.

The laws of the subjects of the Russian Federation are adopted by the representative bodies of the subject and may not contradict federal laws.

By-laws are acts issued by the competent authorities or officials of the state on the basis of and in the execution of laws and containing legal norms. They have less legal force than laws and are based on them. They play a supporting and detailing role.

Decrees and orders of the President - are binding on the entire territory of Russia, must not contradict the Constitution, are prepared within the powers exercised by the President. Orders are taken on current and procedural issues.

Government decrees and directives. The most important acts are issued in the form of resolutions. Acts on operational current issues are issued in the form of orders. All acts of the government are binding on the territory of Russia. They can be adopted on the basis of and in the execution of the laws of the Russian Federation, as well as decrees of the President. In case of conflict with the Constitution, federal constitutional laws, federal laws, decrees of the President, they may be canceled by the President.

Departmental acts are acts adopted on the basis of and in accordance with decrees and orders of the President, resolutions and orders of the Government and regulating relations that are within the competence of these executive structures.

Local by-laws - normative decisions and resolutions of local representative and executive authorities. These acts are independent and independent of state authorities, but are subject to the Constitution and laws of the Russian Federation and the constituent entities of the Federation, and there is also a system of normative legal acts of local governments.

Local acts - various institutions, enterprises, public and economic associations, including commercial organizations, are formed at the state and public level. Each institution, enterprise or organization has its own charter, regulations or other constituent document, internal regulations for employees and administration.

  • 2. Depending on the time of action: permanent and temporary.
  • 3. By branches of law: criminal law, civil law, family law.

In the theory of international law, an important place is occupied by the question of the place of the norms of international law in the Russian legal system.

In accordance with Part 4 of Art. 15 of the Constitution of Russia, international legal acts are part of its legal system and they are given priority over domestic legislation. If an international treaty establishes rules other than those stipulated by the treaty, the rules of the international treaty shall apply. The Constitution of the Russian Federation: adopted at a popular vote on December 12, 1993 / / Rossiyskaya Gazeta 1993. No. 237 This provision excludes the interpretation of the norm dually - international law and domestic law are independent of each other and national law occupies a central position in relation to international.

The study of international law is of great importance for the effective legal regulation of relations in the field of organization and social support for the activities of the national armed forces.

In the general theory and history of international law, the existence of two systems, international and national law, is recognized. Any international agreement is fixed within the framework of these two systems as an institution, industry, sub-sector, system, subsystem.

The forms of interaction between the norms of international and domestic law are reflected in the basis of the means and methods for implementing the norms on the territory of a particular state, the creation of a mechanism for state and legal support for the implementation of international legal norms in domestic law.

B. I. Zimnenko notes that the legislator considers international and domestic law as independent legal orders and elements operating in the legal system of Russia. Zimnenko B.L. International law and legal system of the Russian Federation: monograph. -M.: Russian Academy of Justice; Statute, 2006, C 135

For example, in accordance with paragraph 2 of Article 1 of the Criminal Code of the Russian Federation, it is stated that it is based on the Constitution of the Russian Federation, generally recognized principles and norms of international law. Criminal Code of the Russian Federation; the official text was adopted by the State Duma on May 24, 1996 and amended and supplemented on October 1, 2014 / / Collection of Legislation of the Russian Federation. - No. 25. - Art. 1 item 2

In accordance with the Law "On the State Border of the Russian Federation" Federal Law "On the State Border of the Russian Federation": Law of the Russian Federation of April 1, 1993 No. 4730-1 as of June 28, 2014 // Ved. Congress of People's Deputies Ros. Federation and Top. Council of Ros. Federation. 1993. No. 17, Art. 3 Russia cooperates with foreign states in the field of protecting the State Border on the basis of generally recognized principles and norms of international law, international treaties of the Russian Federation. The legal system of Russia does not include the norms of international law, but only their individual provisions. In order for the norms of international law to be included in the legal system of the Russian Federation, they must regulate the relations that arise between the subjects of the national legal system. The legal system of Russia includes international acts that have received the opportunity to act with the appropriate sanction of the state and complex norms. Complex norms are included in the legal system, but not in the legal system of the state.

The norms of national law, its normative content are formed only by the state itself. The state itself has the right to reformulate the norm, change it or cancel it altogether. In accordance with the system of hierarchy of normative legal acts of the Russian Federation, such actions must take place in the order in which these norms were adopted. A normative legal act may be amended, supplemented or canceled by adopting a new act that has no less legal force.

Any national legal system has its established specific form.

State bodies implementing complex rules of law should take into account that these rules are related to both the national and international legal systems. These norms can objectively function according to the rules and principles specific to this regulatory system, which in turn cannot lead to a violation of the relevant international legal norms. Razumov Yu.A. Place of international law norms in the legal system of the Russian Federation / Yu.A. Razumov // International Law and International Organizations.- 2013.-№2.-С 246-249

The system of forms (sources) of international law and the system of forms (sources) of domestic law - each of them - is a complex, autonomous system in a certain volume and sense. At the same time, the totality of sources of international law is predominantly a horizontal system in its structure, but with certain elements of legal subordination. Ovsepyan Zh.I. The Status of Sources of International Law in the Domestic (National) Legal System (Issues of Integration of International Law in the Russian Federation) / Zh.I. Hovsepyan// North Caucasian legal journal. - 2010.- №4.- From 56-58

Thus, Russian legislation is based on the principles and norms of international law, on the Constitution, on laws on cooperation with foreign states.

Recently, there has been a significant expansion of the forms of participation of international organizations in international rule-making.

In the MP, a new method of creating norms has been actively disseminated - through the adoption of acts of international bodies and organizations. As G. I. Tunkin noted, “along with the contractual and usual processes of the formation of international law norms, there is currently the formation of international legal norms through the adoption by international organizations of legally binding normative resolutions for states.” "Resolutions of an international organization - a new method of creating norms of international law, a new source of international law."

It must be said that the legal force of acts of bodies of international organizations is determined by their constituent documents. According to the statutes of most international organizations, the decisions of their bodies are advisory in nature. However, it is possible to single out two groups of acts containing the norms of international law. Among them:

a) resolutions establishing rules binding on the bodies of this organization (regulations of bodies, resolutions on the formation of the budget of the organization, norms governing the functioning of this organization, etc.). These international norms form part of the internal law of the organization.

As an example, we can mention the EEC Council Regulation No. 3955/92 of December 21, 1992. The Regulation not only approves the Agreement establishing the International Center for Science and Technology between the USA, Japan, the Russian Federation and the European Atomic Energy Community and the European Economic Community acting jointly, but and responsibilities of the EU Council, the European Commission and other EU institutions.

The Rules of the CIS Economic Court, approved by the Decree of the Plenum of the Economic Court on July 10, 1997, determine the procedure for the Court's procedural activities when considering disputes and requests for interpretation within its competence.

b) acts that become legally binding by virtue of the norms of international treaties (regulations and directives of the European Commission, the Council of the EU, ICAO standards, IMO, etc.) and / or domestic legislation.

According to Art. 37 of the 1944 Convention on International Civil Aviation, the International Civil Aviation Organization adopts and, as necessary, changes from time to time international standards, recommended practices and procedures relating to: communication systems and air navigation aids, including ground markings; characteristics of airports and landing sites; rules of the air and air traffic control practices; and such other matters relating to the safety, regularity and efficiency of air navigation.

In particular, the Order of the Russian Aviation and Space Agency dated August 15, 2003 No. 165 "On Approval of the Federal Aviation Regulations" Organization of the Work of Medical Personnel of Aviation Organizations of Experimental Aviation" states that "when sent to work in foreign countries, an aircraft of experimental aviation must be equipped with medical supplies in accordance with ICAO recommendations.

According to Art. 15 of the Convention on the International Maritime Organization, the IMO Assembly makes recommendations to the Members of the Organization regarding the adoption of rules and guidelines relating to maritime safety and the prevention and control of marine pollution from ships, as well as other matters relating to the impact of shipping on the marine environment, which are entrusted to the Organization international instruments or in accordance with them, or amendments to such rules and guidelines as have been transmitted to it;

Resolution A.741(18) of the International Maritime Organization approved the 1993 International Management Code for the Safe Operation of Ships and Pollution Prevention, which is mandatory both for IMO member states (including Russia) and for ship owners, managers and charterers.

The Decree of the Government of the Russian Federation, which approved the Regulations on the Federal System for the Protection of Maritime Navigation from Illegal Acts against the Safety of Navigation, dated April 11, 2000, provides that "information about each illegal act against the safety of navigation is submitted by the Ministry of Transport of the Russian Federation to the International Maritime Organization (IMO) in accordance with the procedures established by that organization."

According to Art. 22 of the WHO Constitution, rules adopted by the Health Assembly of WHO shall become binding on all Members after duly notification of their adoption by the Health Assembly, with the exception of those Members of the Organization who notify the Director-General within the period specified in the notification of their rejection or reservations in regarding them.

The norms confirming the international legal nature of the acts of some bodies of international organizations are also enshrined in foreign legislation. Yes, Art. 10 of the Portuguese Constitution establishes: "the rules emanating from the competent bodies of the international organizations to which Portugal is a member, operate directly in domestic law, insofar as this is established in the relevant constituent treaties." Provisions for this are contained in Art. 23 of the Austrian Constitution, art. 29 of the Constitution of Ireland, chapter 10 of the Constitution of Sweden and other documents.

In addition to automatic implementation in the Russian Federation, the “one-time” method of acts of an international organization is also used.

For example, in 1995, the Decree of the Government of the Russian Federation “On Measures for the Implementation of the Documents of the Organization for Security and Cooperation in Europe” “Vienna Document 1994 Negotiations on Confidence and Security Building Measures”, “Global Exchange of Military Information”, “Code of Conduct concerning politico-military aspects of security” and “Decision on the principles governing non-proliferation”.

The decision of the State Customs Committee of the Russian Federation of December 7, 2000 No. GKPI 99-881 indicates that the customs authorities are bound by the “Unified Methodology of Customs Statistics of Foreign Trade of the States Members of the Commonwealth of Independent States” (approved by the decision of the Council of Heads of Government of the CIS on December 9, 1994).

According to the Order of the Ministry of Transport of the Russian Federation dated November 1, 2002 No. 138, the minimum composition of the crews of self-propelled transport vessels is approved in accordance with IMO resolution - A. 890 (21).

Thus, in the process of creating normative acts of international organizations, two stages in the creation of international legal norms can be distinguished: the establishment of a rule of conduct and the giving of legal force to an agreed rule of an international legal norm.

The status of acts of international intergovernmental organizations is determined by their charters. Within their competence, the bodies of these organizations adopt, as a rule, acts-recommendations or acts of a law enforcement nature. So, according to Art. 10, 11, 13 of the UN Charter, the General Assembly is authorized to "make recommendations", and according to Art. 25 members UN are subject to the decisions of the Security Council, but these decisions themselves are connected with its law enforcement activities.

By itself, an international organization has no right to turn into an international "legislator". At the same time, the member states of the organization may use the organization for norm-setting activities. At the sessions of the UN General Assembly, resolutions are adopted that fix the approval on behalf of the Organization of international treaties developed within its framework. This was the case with regard to the Treaty on the Non-Proliferation of Nuclear Weapons (1968), the Convention on International Liability for Damage Caused by Space Objects (1971), the International Covenants on Human Rights (1966), the International Convention against the Taking of Hostages ( 1979) and other acts. In these cases, the text of the treaty is published in UN documents as an annex to the General Assembly resolution. But it is the treaty (after it has been signed by the states and entered into force), and not the resolution, that acquires the significance of a source of international law. A similar method is used in other international organizations of a universal nature. A few examples: within the framework of the International Atomic Energy Agency (IAEA) the texts of the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiation Emergency (1986) were adopted; within the framework of the ILO, the text of the Convention on Tribal and indigenous peoples in independent countries (1989), within the United Nations Educational, Scientific and Cultural Organization - Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) . At the same time, those acts of international organizations that

§ 5. Acts of international organizations

the member states themselves are given a normative character. Such resolutions are adopted by the main (supreme) bodies of organizations in accordance with their functions in cases where the effective implementation of these functions is impossible without the creation of new forms of international law and, consequently, giving the resolutions the status of sources of international law.

It is possible to consider the norms of the Resolution of the UN General Assembly 1514 (XV) of December 14, 1960 “Declaration on the Granting of Independence to Colonial Countries and Peoples” as generally recognized binding legal force. This act was not limited to confirming or interpreting the international legal norms in force at that time, but, in accordance with the purposes and principles of the UN Charter, established new imperative norms regarding the complete prohibition of colonialism and the obligation to immediately grant independence to the peoples of the colonies. This meant new, in comparison with Ch. XI-XIII of the UN Charter, resolving issues affecting the status of non-self-governing territories and the international trusteeship system. It is noteworthy that in subsequent UN documents and in the acts of our state, references to the provisions of the Declaration are equivalent in legal terms to references to international treaties.

The assessment of the UN General Assembly Resolution 2625 (XXV) of October 24, 1970 "Declaration on the principles of international law concerning friendly relations and cooperation between states in accordance with the Charter of the United Nations" is considered disputable in science. The judgment that the role of the Declaration is reduced to the interpretation of the principles already enshrined in the UN Charter raises an objection, since the Declaration specifies the principles of the Charter, formulates the rights and obligations of states in accordance with each principle. Such concretization is nothing but rule-making. Accordingly, the act of codifying and concretizing the basic principles is essentially a normative act, i.e., a source of international law.

The normative role of the UN General Assembly in adopting amendments to the UN Charter and the Statute of the International Court of Justice is peculiar. According to Art. 108 of the Charter and Art. 69 Statute Amendments are adopted by the General Assembly and ratified by Member States UN. In practice, active

Chapter 5. Sources of international law

sti UN such resolutions relating to Art. 23, 27, 61, 109 and having a normative character, were adopted three times - in 1963, 1965 and 1971.

Recently, the UN Security Council has also become involved in rule-making activities, whose decisions have so far been limited to law enforcement. The significance of the source of international law is approved by its resolution 827 of May 25, 1993, the Charter (Statute) of the International Tribunal for the purpose of prosecuting persons responsible for serious violations of international humanitarian law in the territory of the former Yugoslavia.

Regarding the activities of some other international organizations, we can state the adoption by them of administrative and regulatory acts such as standards of the International Civil Aviation Organization (ICAO), WHO sanitary rules, IAEA rules for the safe handling of radioactive materials. The possibility of adopting rules within the framework of the International Seabed Authority is provided for in the UN Convention on the Law of the Sea (Articles 160, 162, etc.). With a positive attitude of the states, such rules can be perceived as normative provisions.