Maksimov A.A., Goncharov V.V., Malinovskii O.N., Petrenko E.G. —
On the inadmissibility of the use of civil society institutions by international non-governmental organizations as a tool to undermine national security
// International Law. – 2026. – ¹ 1.
– P. 1 - 16.
DOI: 10.25136/2644-5514.2026.1.71952
URL: https://en.e-notabene.ru/wl/article_71952.html
Read the article
Abstract: This article is devoted to the analysis of the influence of international non-governmental organizations on the development of civil society institutions in individual national states in the context of the processes of ensuring national security in these countries. The authors note that the XXIst century is characterized by the rapid development of international non-governmental organizations, whose activities are aimed at the emergence, support and development of civil society institutions in individual national states. However, not all civil society institutions, stimulated by international non-governmental organizations, are useful for the processes of preservation and development of society and the state. A significant part of them act as a tool to undermine the national security of individual States. In this regard, the national legislation of individual countries establishes norms that counteract, on the one hand, the possibility of creating and functioning such civil society institutions, and on the other hand, their subordination to international non-governmental organizations. The following methods of scientific research are used, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The empirical basis of the study was made up of: international and national normative legal acts; materials of the scientific doctrine of civil society, international non-governmental organizations; materials of the practical activities of civil society entities (subjects of public control). The paper analyzes the main problems (on the example of Russia) related to countering the processes of using civil society institutions by international non-governmental organizations as a tool to undermine national security, among which one can single out: the lack of a comprehensive mechanism in Russia to counter the processes of using civil society institutions as a tool to undermine national security; the absence of criteria in legislation for attribution international governmental organizations and their branches (representative offices) belong to the above-mentioned category; weak control over them by public authorities; lack of specialized subjects of public control in this area; weak use of modern digital technologies in this area; lack of special criminal law structures to punish persons engaged in the above-mentioned activities. The authors have developed and justified a system of measures to resolve these problems.
Maksimov A.A., Goncharov V.V., Malinovskii O.N., Petrenko E.G. —
Is public control possible outside the territorial borders of the state: towards the formulation of the problem
// International Law. – 2025. – ¹ 3.
– P. 1 - 12.
DOI: 10.25136/2644-5514.2025.3.71892
URL: https://en.e-notabene.ru/wl/article_71892.html
Read the article
Abstract: This article is devoted to the analysis of the issues of the possibility and necessity of organizing and implementing public control outside the territorial borders of the state. The authors note that the public control is the most important legal guarantee for the implementation and protection of both the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of citizens of the Russian Federation, as well as numerous non-governmental non-profit organizations. In this regard, the issues of determining the spatial boundaries of the functioning of this institution of civil society are of particular interest. In the context of international law, the territory of the planet is conventionally represented by the state territory of the countries of the world, territories with a mixed regime, as well as territories with an international regime (the Antarctic continent occupies a special place in this group of territories). The authors analyze the possibilities and limits of the functioning of public control within each group of these territories. The article uses a number of methods of scientific cognition, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The paper analyzes modern problems that impede the optimal functioning of the institute of public control outside the territorial borders of the state (on the example of Russia), the most important of which are: the lack of consolidation in the legislation on public control of the concept and content of the territorial limits of the functioning of this institution of civil society; the absence in international legislation of direct consolidation of the institute of control of civil society of the peoples of the United Nations international governmental and non–governmental organizations; weak development of the institute of international associations and unions of subjects of public control (subjects of civil society); ignoring by a number of countries (including the United States) the need to sign and (or) ratify the most important UN conventions affecting territories with a mixed and international regime (for example, the UN Convention on the Law of the Sea dated 11/16/1994); weak development in the scientific doctrine of international law of forms, methods, principles, grounds and limits of the functioning of public control (control of civil society) outside the territorial borders of the state. The authors have developed and justified a system of measures to resolve these problems.
Maksimov A.A., SCHegolev I.B., Savchenko M.S. —
Public control in Antarctica: towards a problem statement
// International Law. – 2024. – ¹ 4.
– P. 13 - 29.
DOI: 10.25136/2644-5514.2024.4.71877
URL: https://en.e-notabene.ru/wl/article_71877.html
Read the article
Abstract: This article is devoted to the analysis of modern problems related to the possibility and necessity of organizing and implementing public control in Antarctica. The territory of Antarctica currently does not belong to any of the states of the planet, however, a number of countries, represented by their representatives (including military personnel), carry out their activities on the territory of this continent, which creates or may pose a threat to the environmental security of this region of the world. The norms of international law have consolidated the institution of observers, who are sent by States that are parties to the Antarctic Treaty of 06/23/1961. However, the civil society of the countries participating in this Treaty, other international and interstate agreements on Antarctica, for example, the Commission for the Conservation of Antarctic Marine Living Resources, as well as the Convention on the Conservation of Antarctic Marine Living Resources, in fact, is excluded from monitoring the activities, acts and decisions of both these international organizations and public authorities national States authorized to explore Antarctica and participate in international relations in this area. In the course of scientific research, a number of scientific methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. In this regard, the authors of the article analyzed international legislation on Antarctica, the mechanism of its development, conservation of natural resources, demilitarization, etc. The paper substantiates the need for the organization and control of civil society over the activities, acts and decisions of international governmental organizations, as well as public authorities of national states authorized to develop Antarctica and participate in international relations in this field. The authors formalized and analyzed the main problems that hinder the implementation of this control in this area. The article develops and substantiates a system of measures to resolve these problems, including by making appropriate changes and additions to the norms of international law, as well as national legislation on public control.