International law and national law
Reference:
Malinovskii, O.N., Goncharov, V.V., Petrenko, E.G. (2025). On the impact of international law norms on the development of Russian legislation on public control. International Law, 4, 1–11. https://doi.org/10.25136/2644-5514.2025.4.71870
Abstract:
This article is devoted to the analysis of the influence of international law norms on the development of Russian legislation on public control. The authors note that the legislation of the Russian Federation on public control has as its origins the Soviet legislation on people's control of power, which for its time was characterized by significant democracy and had a certain impact on the content of the UN Charter, international covenants on civil, political, economic, social and cultural human rights, other norms of international legislation, in particular by largely incorporating and developing democratic principles in the modern system of international law. The liquidation of the institute of national control in the last years of the USSR and the prolonged absence of a legal framework for public control in the Russian Federation at the federal level significantly reduced the legal possibilities of civil society control over the system of public authorities in the country. At the same time, international legislation has continued to strengthen the institutions of civil society in the world. The work uses a number of methods of scientific cognition, including: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The authors analyzed the main directions of the impact of international legislation on the development of Russian legislation on public control. It is noted that the UN Charter, the Universal Declaration of Human Rights, and numerous international covenants enshrining various political and civil rights and freedoms, on the one hand, create a kind of foundation for the institution of public control in the Russian Federation, and on the other hand, set the vectors for the development of this institution of civil society in the country. In addition, the article formalizes and examines the current problems of the organization and functioning of the institute of public control in Russia, which are caused by ignoring the main trends in the development of international legislation in the field of human rights and freedoms, as well as civil society. The paper suggests and substantiates ways to solve these problems.
Keywords:
democracy, public control, legislation, Russian Federation, development, international law, norms, influence, subjects, objects