Reference:
Goncharov V.V., Blinnikova A.V., Malinovskii O.N., Cheshin A.V., Petrenko E.G..
International non-governmental organizations in the field of civil society development: current state and development prospects
// International Law and International Organizations.
2025. № 1.
P. 1-14.
DOI: 10.7256/2454-0633.2025.1.72373 EDN: KBPYCU URL: https://en.nbpublish.com/library_read_article.php?id=72373
Abstract:
This article is devoted to the analysis of the current state and prospects of development of international non-governmental organizations in the field of civil society development. The existence of any modern democratic state is impossible without the presence of a developed civil society, which, on the one hand, acts as the foundation and support for the apparatus of public power, thereby ensuring its stability, and on the other hand, is a legal guarantee for the implementation of both the system of legal principles enshrined in national and international law and the entire system of rights, freedoms and legitimate interests of individuals and legal entities. The institute of international non-governmental organizations in the field of civil society development plays an important role for the development of civil society in nation States, which, on the one hand, generalize at the international level the experience of civil society development in nation States, and on the other hand, contribute to scaling up the successful experience of this development everywhere. In this scientific work, a number of research methods were used, in particular: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The authors identified and analyzed the main problems that hinder the organization and activities of international non-governmental organizations in the field of civil society development, among which the following can be distinguished: a) the dependence of most international non-governmental organizations on national governments or on transnational corporations; b) the politicization of the activities of a significant part of them; c) a huge number of them (more than 75,000 for 2024), which complicates, on the one hand, the processes of regulating their activities, and on the other hand, complicates the mechanism of their organizational, technical, legal and financial support from the international community; d) the presence in a number of countries of regulatory restrictions on the activities of their branches and representative offices; e) the lack of proper public control over their activities, acts and decisions at the national and international levels. The work has developed and justified a system of measures to resolve these problems.
Keywords:
UN, development, current state, democracy, civil society, public control, non-governmental organizations, international, Foundation for Democracy, ECOSOC
Reference:
Golikova O., Salnikova A.I..
Interaction of the system of national and international law of the Russian Federation in the light of the adoption of constitutional amendments
// International Law and International Organizations.
2024. № 2.
P. 83-91.
DOI: 10.7256/2454-0633.2024.2.34420 EDN: BDXYBD URL: https://en.nbpublish.com/library_read_article.php?id=34420
Abstract:
The interaction of the norms of national and international law is a matter of undoubted relevance. Modern integration processes do not leave states aside, involving them in the global network of interaction. Relations between participants in international relations are regulated by certain rules-principles, one of which is pacta sunt servanda (agreements must be fulfilled), establishing the need to implement those conditions that are provided for in a specific document. The subject of this study is the changes in the vector of relations between the Russian state and the European Court of Human Rights in the light of the adoption of constitutional amendments in July 2020. The evolution of the interaction of two mechanisms – national and supranational law – is considered in the light of the development of the integration dialogue between the Russian Federation and the ECHR from the moment our country ratified the European Convention for the Protection of Human Rights and Freedoms (Rome Convention of 1950) until July 2020. The position of the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin is analyzed in the format of the formulated doctrine of national constitutional identity, which determines the position of the Constitutional Court when considering decisions made by the European Court against the Russian state. The novelty of the article lies in the fact that it provides for the first time a comprehensive analysis of the problem of interaction between two legal systems (international and national law) in light of the adoption of constitutional amendments and the Federal Law of 09.11.2020 No. 365-FZ "On Amendments to the Federal Law "On Security". As a result of the study, it can be concluded that the change in the foreign policy rhetoric of the Russian state has become a natural stage in the development of the country in the post-Soviet space, and the introduction of amendments to the Constitution and the Federal Law only consolidated the established practice of relations, the beginning of which was laid by the adoption of the Constitutional Court Resolution of 14.07.2015 No. 21-P.
Keywords:
The Constitution, the constitutional Court, Rome Convention, constitutional amendments., resolutions, rights, international law, rights protection, national law, implementation
Reference:
Butakova Y.S..
International economic sanctions in civil international law: a theoretical aspect.
// International Law and International Organizations.
2024. № 1.
P. 36-55.
DOI: 10.7256/2454-0633.2024.1.69642 EDN: TXEGSI URL: https://en.nbpublish.com/library_read_article.php?id=69642
Abstract:
Modern international economic sanctions (unilateral restrictive measures) are a unique phenomenon and a vivid example demonstrating how the operation of the norms of private international law can affect the achievement of foreign policy goals. Being a public legal category in its essence, international economic sanctions have a significant impact on private law relations, including relations with a foreign element. Civil law and other relations complicated by a foreign element are subject to the influence of sanctions adopted by the competent authorities of foreign states: contractual, corporate relations, as well as relations within the framework of arbitration, enforcement of foreign court decisions and others. In this regard, private (civil) international law functions as a filter that translates economic sanctions of public law origin into the sphere of private law. Its main task is to choose the applicable law, and conflict of laws rules decide whether a specific international economic sanction applies to contractual relations between the parties or not. The author applies both philosophical and general scientific methods of cognition (analysis and synthesis, induction and deduction, critical and dialectical methods) and methods specific directly to legal science (structural-logical, formal-legal, comparative-legal).The scientific novelty of the research lies in the comprehensive study of international economic sanctions in the context of private and public law. It is precisely private international law that can help to smooth out differences in national judicial practice in cases related to international economic sanctions. The article deals mainly with EU sanctions in the context of private international law, and also provides recommendations for improving and unifying EU sanctions regulation in the context of civil international law. The European sanctions regulation, being one of the most ancient, has a significant amount of judicial practice in the field of application and recognition of sanctions of a foreign state. The study of international sanctions in the context of private law relations can play a significant role in the development of the doctrine of private international law and law enforcement practice.
Keywords:
Regulations, unilateral sanctions, unilateral measures, economic sanctions, private law, EU, sanctions, overriding mandatory provisions, private international law, international economic sanctions
Reference:
Bagandova L.Z..
The application of retroactive force of the criminal law in relation to the crime of genocide: international and national aspects
// International Law and International Organizations.
2024. № 1.
P. 56-69.
DOI: 10.7256/2454-0633.2024.1.69938 EDN: ULRBMX URL: https://en.nbpublish.com/library_read_article.php?id=69938
Abstract:
The subject of this study is genocide as a crime against the peace and security of mankind. The author raises the problem of the possibility of applying the retroactive force of the criminal law to an act of this kind, despite the absence of such a provision in article 10 of the Criminal Code of the Russian Federation. Special attention is paid to issues of international law, as well as judicial precedents related to the consideration of disputes on this issue. Considering the latter, the author subjects them to a deep systematic analysis for the possibility of initiating criminal proceedings and investigating crimes subject to qualification as genocide within the framework of the current criminal legislation of the Russian Federation. The role of the International Military Tribunal for War Criminals of the European Axis Countries (Nuremberg Tribunal) in the formulation and subsequent consolidation of the norm of genocide is emphasized. In his research, the author uses such methods as historical, systemic, formal legal, comparative, as well as methods of analysis, deduction and formal logic. The author's special contribution to the consideration of this issue is the study of the historical and philosophical foundations, the moral and ethical side of giving retroactive force to the norms on genocide both from the point of view of international and from the point of view of national criminal law. The main result of the study is the author's conclusion about the possibility of applying the Genocide Convention retrospectively, as well as the need to consolidate in the legislation of the Russian Federation the provision on the need to make the criminal law retroactive in relation to crimes against the peace and security of mankind by amending part 2 of Article 10 of the Criminal Code of the Russian Federation. Expanding the definition of this norm would also simplify criminal procedural activities in the context of initiating criminal cases on these circumstances and their investigation.
Keywords:
The Great Patriotic War, crimes against humanity, international law, protection of historical memory, the historical truth, criminal law, retroactive force, The second World War, crimes against peace, genocide
Reference:
Nechaeva Y.S..
Current trends in the development of the Intellectual Property Law
// International Law and International Organizations.
2024. № 1.
P. 70-80.
DOI: 10.7256/2454-0633.2024.1.70007 EDN: UEMSNA URL: https://en.nbpublish.com/library_read_article.php?id=70007
Abstract:
This article examines the prospects for the development of intellectual property law in national jurisdictions (Russian Federation, Republic of Indonesia, Federative Republic of Brazil, African countries and others), as well as the place of intellectual property in the system of the UN Sustainable Development Goals. The main areas of activity of the World Intellectual Property Organization in the context of achieving these goals, the results of the implementation and use of digital systems and artificial intelligence in the field of intellectual property in national jurisdictions (for example, automation of patent application processes, of document evaluation, of sending documents to the applicant) are analyzed, also the results of the implementation and application of the process of accelerated examination of “green” patents in a number of countries, including the Russian Federation. During the study, general scientific methods were used: analysis, synthesis, logical method, generalization, as well as a special legal method and a comparative legal method. The author came to the conclusion that the introduction of artificial intelligence and digital platforms into the activities of organizations in the field of intellectual property significantly speeds up and simplifies the entire process from filing a patent application to issuing a patent; it is necessary to create a unified database of “green” patents and carry out comprehensive work to popularize activities in the field of environmental inventions, since currently the search for “green” patents issued in Russia is difficult, and in general, environmental inventions in Russia account for only 1% of the total number of inventions; it is necessary to develop interstate cooperation in the field of intellectual property and develop joint projects, since the problems that need to be solved in the process of achieving Sustainable Development Goals are global in nature.
Keywords:
environmental inventions, artificial intelligence, patenting, digitalization of intellectual property, green patents, Sustainable Development Goals, innovations, WIPO, international law, Intellectual property law
Reference:
Rednikova T.V..
Actual problems of formation of ecologically significant behavior of people at the international and national levels
// International Law and International Organizations.
2023. № 4.
P. 1-11.
DOI: 10.7256/2454-0633.2023.4.44200 EDN: ZUIUUX URL: https://en.nbpublish.com/library_read_article.php?id=44200
Abstract:
Sustainable development has not only become the subject of a wide range of international agreements, but over the past decades has been introduced into the fabric of the national legislation of most states. In the Russian Federation, the provisions on sustainable development are incorporated into the norms of sectoral environmental legislation, as well as into strategic planning documents, which are becoming increasingly important as acts in accordance with which environmental activities and their financing are carried out. The declaration of respect for the environment in the activities of any entity is the basis for the formation of its positive image from the point of view of public opinion. It is necessary to ensure by legal means an understanding of which actions and processes are really effective for environmental protection, and which, often generally recognized, are not actually such, and if they are, then the degree of their benefits can be greatly exaggerated. The ongoing deterioration of the ecological situation on the planet indicates the urgency of taking additional measures to form the ecological consciousness of all subjects, since the instruments existing in international and national law are not sufficiently effective.
Keywords:
international law, degradation of the natural environment, conscious behavior, environmental protection, environmental law, ecology, environmental awareness, European Union, environment, green economy
Reference:
Sergeeva A.A., Gorbatova M.A., Gurev M.S., Kirillova Y.M., Lototskii A.S., Pyatkova O.V., Feizullaev F.M..
Criminalization of the Nazism: Russian, foreign and international experience
// International Law and International Organizations.
2023. № 4.
P. 58-69.
DOI: 10.7256/2454-0633.2023.4.69286 EDN: SKUAES URL: https://en.nbpublish.com/library_read_article.php?id=69286
Abstract:
In the modern period, the danger of spreading Nazi ideas remains high. The object of the study is social relations arising from the qualification of encroachments related to manifestations of the ideology of Nazism. The subject of the study is the norms of Russian legislation on countering extremist activities. The authors pay special attention to comparative legal analysis, considering the foreign and international experience of legal regulation countering the rehabilitation of Nazism. Extremist activity is a multifaceted concept, and manifestations of the ideology of Nazism, including its approval, the demonstration of Nazi symbols, and the distribution of relevant literature, are only part of it. At the same time, such actions form the ideological basis of extremism, as a result of which they require independent criminalization. Foreign and international experience in this area deserves attention and potential consideration. The methodology of the study is based on the comparative legal method, since it has a comparative orientation. In addition, the authors used a wide range of general scientific methods. The main conclusions are based on the thesis that the legislator recognized the identical public danger of any manifestations of the ideology of Nazism, including those that are not related to aggression and the commission of crimes motivated by hatred or enmity. When improving anti-extremist legislation, it is necessary to take this circumstance into account. The novelty is characterized by the results of the analysis of foreign experience in criminal law regulation and the legal positions of the UN General Assembly, which bring a certain unity to the terminological range necessary for the organization of effective identification and correct qualification of socially dangerous encroachments associated with the spread of Nazi ideology. Extremism is not limited only to manifestations of the ideology of Nazism. Equally, it can be concluded that manifestations of the ideology of Nazism can be isolated taking into account the motive of hatred or enmity. However, in practice, a considerable part of extremist activity is motivated precisely by the approval (overt or veiled) of Nazi ideas, or represents their modernization.
Keywords:
prevention, motive for the crime, crime, extremism, humiliation, public danger, aggression, ideology of Nazism, hate, punishment
Reference:
Goncharov V.V..
International cooperation of subjects of public control: towards the formulation of the problem
// International Law and International Organizations.
2023. № 4.
P. 80-91.
DOI: 10.7256/2454-0633.2023.4.69430 EDN: IMZOSB URL: https://en.nbpublish.com/library_read_article.php?id=69430
Abstract:
This article is devoted to the analysis of the problems of international cooperation of subjects of public control. The author substantiates the role and importance of the institution of public control in the system of legal guarantees for the implementation, protection and protection of the constitutional principles of democracy and public participation in the management of state affairs. The paper notes the importance of organizing and implementing international cooperation of subjects of public control in order to achieve such goals as combining efforts and increasing efficiency in the organization and activities of subjects of public control. At the same time, the article classifies the forms of such international cooperation of subjects of public control, in particular, it highlights: their participation in international conferences, symposiums; participation in international associations and unions of subjects of public control; participation of certain types of public associations in the work of international non-governmental organizations whose activities are aimed at the development of civil society institutions. A number of scientific research methods are used in the work, in particular: comparative legal; historical legal; statistical; sociological; formal logical; method of analyzing specific practical situations. The article formalizes and analyzes the main problems preventing the optimal participation of Russian subjects of public control in international cooperation, in particular: the lack of formalization of this institution of civil society in the country's Constitution; the failure to consolidate in the legislation on public control the legal foundations governing the grounds, limits and forms of the above-mentioned cooperation; weak use of positive foreign experience of cooperation of civil society subjects whose activities are aimed at organizing and exercising control over the apparatus of public power; weak financing of Russian subjects of public control; the risk of using international cooperation of Russian subjects of public control to undermine the national security of the Russian Federation. The work has developed and justified a system of measures to resolve these problems, including by making appropriate amendments and additions to the Constitution of Russia and legislation.
Keywords:
associations, Russian Federation, problems, subjects, international cooperation, democracy, public control, unions, Public Chamber, rights
Reference:
Duben A.K..
Experience of international cooperation in the field of information security: problems and prospects
// International Law and International Organizations.
2023. № 3.
P. 13-26.
DOI: 10.7256/2454-0633.2023.3.43422 EDN: SLNHHW URL: https://en.nbpublish.com/library_read_article.php?id=43422
Read the article
First Peer Review:
Second Peer Review:
Third Peer Review:
|
EDN: SLNHHW
|
Abstract:
The article discusses the international experience of legal provision of information security. The relevance of the study is due to the fact that the totality of problems of legal provision of information security are of priority importance for the legal doctrine and legislation of each state having its own national interests and interested in maintaining peace, international and national information security. An overview of the existing international agreements that contribute to the development of legal regulation of international cooperation in the field of information security is given. Particular attention is paid to the processes of formation of international experience in the field of information security within the framework of the functioning of international organizations regulating these issues. The novelty of the research lies in the fact that, given the lack of a coherent system of international information security, the inconsistency of the models currently formed, it is advisable to develop international legal cooperation based on the convergence of the Eurasian and Euro-Atlantic systems of international information security with the active participation of Russia, taking into account the generally recognized principles and norms of international law, while a significant place should be given to issues of personal security in the information sphere, including countering undesirable information and psychological effects. The conclusion is made about increasing cooperation, strengthening allied and partnership relations with foreign countries, while a tendency should be formed to conclude agreements on mutual protection of classified information in the field of information security with a more detailed description of the list of such information, as well as a mechanism for resolving disputes related to violations of the provisions of these agreements.
Keywords:
national legislation, harmonization, problems of cooperation, national security, international organizations, information security, international security, international law, international cooperation, legal order
Reference:
Malichenko V.S., Gadzhieva A.O..
Access to healthcare technologies in the context of sanctions and unilateral restrictive measures.
// International Law and International Organizations.
2023. № 3.
P. 27-41.
DOI: 10.7256/2454-0633.2023.3.43606 EDN: UCTUQC URL: https://en.nbpublish.com/library_read_article.php?id=43606
Abstract:
The object of the study is public relations arising from the interaction of international intergovernmental organizations, government agencies, transnational corporations and non-state actors in the framework of ensuring human access to health technologies in the context of unilateral restrictive measures and sanctions. The subject of the study is international legal norms, documents of international organizations, as well as acts of domestic law that form guarantees of ensuring the human right to the highest attainable level of health and access to healthcare technologies. The purpose of the study is to conduct a comprehensive analysis of the practical significance of the application of international legal and domestic mechanisms aimed at minimizing the humanitarian consequences of sanctions and unilateral restrictive measures and expanding access to vital health technologies. The methodology of the study is based on the general scientific method of cognition, including the formal logical and situational method and private law methods, such as comparative, historical and formal legal methods. The article presents an analysis of the importance of health technologies in achieving international goals in the field of development and human health protection, as well as priorities in the implementation of national health strategies. The theoretical aspects of access to healthcare technologies in the context of unilateral restrictive measures are consistently considered as an important element of ensuring international guarantees of human rights protection. The authors present the differences in the normative content of the concepts of "sanctions" and "unilateral restrictive measures" in accordance with international law, as well as a legal assessment of the legitimacy of their application. The article systematizes the consequences of the application of unilateral restrictive measures on the availability of healthcare technologies in various regions of the world, as well as the practice of applying the norms of international and domestic law to overcome them.
Keywords:
transnational companies, sustainable development, humanitarian exceptions, unilateral coercive measures, access totechnologies, right to health, sanctions, health protection, medicines, TRIPS
Reference:
Khadyrov R.Y..
Political, Economic Aspects and Prospects of Tajikistan's Integration Policy
// International Law and International Organizations.
2023. № 1.
P. 1-11.
DOI: 10.7256/2454-0633.2023.1.39865 EDN: IPJXTR URL: https://en.nbpublish.com/library_read_article.php?id=39865
Abstract:
The article reveals the debatable topic of analyzing the balance of political, economic costs and benefits when choosing a responsible integration decision on Tajikistan's entry into the Eurasian Economic Union. The official positions of the government, expert opinions of supporters, skeptics and opponents of the country's participation in the economic union are considered. The argumentation about the adoption by the leadership of Tajikistan of a responsible political decision ensuring further socio-economic modernization of the country as part of the Eurasian Economic Union is substantiated. On May 29, 2014, the Presidents of Russia, Belarus and Kazakhstan signed an agreement on the establishment of the Eurasian Economic Union (EAEU), Armenia joined the EAEU on January 2, 2015, and Kyrgyzstan on May 8. It seemed obvious that in the political and economic elites of the Republic of Tajikistan, the understanding of long-term economic and political benefits will prevail, their predominance over short-term risks of reducing customs and tax revenues, and the country will become the next member of this integration union. However, the leadership of the Republic of Tatarstan did not take the initiative to join the EAEU. For 8 years, the possible membership of the Republic of Tajikistan in the EAEU has been actively discussed in the scientific, expert community and the media, but the government structures of the Republic of Tajikistan have actually stopped in the integration movement, justifying this by the need for a deeper consideration of national interests, a detailed calculation of benefits and risks when joining the economic union. Let's agree that the analysis of the balance of political and economic benefits and costs is really necessary for making strategic development decisions.
Keywords:
integration loyalty, integration risks, advantages of integration, integration, economic aspects, political aspects, EAEU, Tadjikistan, foreign policy decisions, management decisions
Reference:
Rednikova T.V..
The Significance of CITES for Biodiversity Conservation: Semi-century Experience
// International Law and International Organizations.
2023. № 1.
P. 67-78.
DOI: 10.7256/2454-0633.2023.1.40063 EDN: ABUVGC URL: https://en.nbpublish.com/library_read_article.php?id=40063
Abstract:
Today, global smuggling of endangered animals and plants is second only to drug trafficking. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which came into force in 1975, was a major step in protecting our planet's biodiversity. It covers more than 40,900 species, including some 6,610 animal species and 34,310 plant species, as listed in its three annexes. The Convention is perhaps one of the most effective means of protecting biological diversity and its components in international law. The Russian Federation has been a party to CITES since 1992. Since then, the country has conducted a significant number of programs to control the number and turnover of rare and valuable species, and the area of protected areas is constantly expanding. In the 50 years since the Convention was signed, CITES has created a sustainable global structure that effectively ensures, that threats from legal trade to the survival of wild animal and plant species are minimized. It has also created a framework for combating illegal trade in wild species between states parties to the convention. Nevertheless, many issues still need to be resolved. National legal systems around the world must provide effective sanctions for illegal encroachments on wildlife components, as well as include measures to counteract new forms of illegal trade, in particular through the legal internet, as well as the illegal Darknet, where advertisements for goods and services that are not legally traded have moved in recent years.
Keywords:
biological species, wild animals, illegal trade, legal regime, international agreements, biodiversity, CITES, convention, legal protection, law
Reference:
Duben A.K..
International Cooperation of States in the Field of Information Security
// International Law and International Organizations.
2022. № 4.
P. 120-129.
DOI: 10.7256/2454-0633.2022.4.39513 EDN: UCSZZZ URL: https://en.nbpublish.com/library_read_article.php?id=39513
Abstract:
The article deals with topical issues related to the development of the international information security system and shows the main directions of the development of information security in international and information law. The cross-border nature of the use of information and telecommunication technologies makes it necessary to ensure a common and indivisible international information security. The lack of a uniform interpretation of the content of the concept of "information security" in the legislation of different States and in the international treaties concluded by them does not contribute to the development of a consistent terminology for the purposes of international cooperation at the universal level. It is concluded that the key role in the mechanism of ensuring international information security is played by legal norms adopted at the international and national level. At the same time, the problems of forming a system of legal regulation of information security have an interdisciplinary nature, including issues of the application of norms, rules and principles of responsible behavior of States designed to promote an open, safe, stable, accessible and peaceful information and communication environment. The main conclusions of the study are that international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, the priority is to combine efforts to ensure international and national information security. Determining the importance of ensuring information security in the context of modern challenges, threats and risks, we believe that interstate cooperation contributes to the further formation of coordination measures to respond to these threats and the development of legal support for information security in general.
Keywords:
transformation of law, threats and risks, new challenges, digitalization, information security, international security, information law, international law, legal support, the digital age
Reference:
Kolobov R.Y., Ganeva E.O., Kholmogorova E.N., Makarenko E.K..
The practice of protecting World Natural Heritage sites in Canada
// International Law and International Organizations.
2022. № 3.
P. 1-14.
DOI: 10.7256/2454-0633.2022.3.38525 EDN: PAYFRB URL: https://en.nbpublish.com/library_read_article.php?id=38525
Abstract:
A comparative analysis of the organizational and legal foundations of the protection of World Natural Heritage sites in Canada and the Russian Federation (on the example of Lake Baikal) is presented. The legal positions of the World Heritage Committee on the implementation of international obligations for the preservation of World Natural Heritage sites are analyzed. The problem of formal definiteness of the boundaries of World Heritage sites and awareness of them by the public and government bodies is highlighted. The question of the expediency of excluding the territories of settlements from the World Heritage sites is being investigated. The approaches of the World Heritage Committee to the implementation of extractive industry and hydropower projects both within the boundaries of World Heritage sites and in adjacent territories are considered. As a way of implementing the international legal regime for the protection of unique natural objects, the regime of the buffer zone of the World Heritage site receives a positive assessment, however, there is a lack of elaboration of this concept. Proposals are formulated on possible measures of an intra-national nature aimed at solving issues of protection of territories bordering on World Heritage sites (transfer to the federal level of the decision on the creation of protected areas in order to fulfill international obligations; formation of a protected zone of the World Heritage site). The importance of environmental assessment as a standard of international legal protection of unique natural objects and the need for its more detailed regulation in national legislation are stated. Attention is focused on the position of the World Heritage Committee on the issue of taking into account the views of the local population and indigenous peoples in the management and protection of World Natural Heritage sites.
Keywords:
environmental assessment, buffer zone, environmental law, legal protection, international law, Lake Baikal, Canada, environmental policy, world heritage, World Heritage Committee
Reference:
Duben A.K..
International cooperation in the field of information security: general characteristics and the Russian approach to the study
// International Law and International Organizations.
2022. № 1.
P. 24-33.
DOI: 10.7256/2454-0633.2022.1.37490 URL: https://en.nbpublish.com/library_read_article.php?id=37490
Abstract:
Information security acts as the basic concepts of modern international relations. The level of penetration of information technologies and global networks into society is directly related to the level of development of the country. The Russian Federation has undertaken a number of foreign policy initiatives aimed at ensuring international information security and proclaiming the transparent course taken by the country to create conditions for the establishment of a full-fledged international legal regime for the formation of a secure information environment. The article discusses the main trends in the formation of an international regime to ensure information security. It is revealed that international cooperation makes it possible to establish problem-oriented approaches to identifying threats from other states to the internal information infrastructure and critical facilities of the state in order to undermine territorial integrity. The author comes to the conclusion that interstate agreements in the field of international information security make it possible to establish problem-oriented approaches to identifying threats from other states to the internal information infrastructure and critical facilities of the state in order to undermine territorial integrity. At the same time, the development of joint measures for the development of normative legal norms of international law determined the stages of achieving the specified safety indicators, resource provision and legal support. In order to develop legal support for international information security, further interstate cooperation is necessary in order to seek to increase interaction and improve the international legal framework for the implementation of specific joint initiatives in the field of international information security.
Keywords:
information law, information society, military and political threats, cybercrime, challenges and threats, cyberbullying, information security, international cooperation, international law, information sphere
Reference:
Ditsevich Y.B., Kolobov R.Y..
Threats to conservation of World Heritage Site “Lake Baikal” and measures to reduce them (based on the results of the 44th session of the UNESCO World Heritage Committee)
// International Law and International Organizations.
2021. № 4.
P. 22-33.
DOI: 10.7256/2454-0633.2021.4.36774 URL: https://en.nbpublish.com/library_read_article.php?id=36774
Abstract:
The subject of this research is the decisions adopted at the 44th session of the World Heritage Committee on the conservation of the World Heritage Site “Lake Baikal” pertaining to such relevant questions as the construction of hydropower station on the Selenga River, as well as countering such phenomena as wild fires and illegal construction within the Central Ecological Zone of the Baikal Natural Territory. The article provides characteristics to the content of documents approved at the recently held 44th session of the World Heritage Committee for the Conservation of the World Heritage Site “Lake Baikal”, within the framework of which the international community assess the actions of the Russian Federation on discharge of the obligations on conservation of the ecosystem of Lake Baikal. Analysis of the problems to be solved that are listed in documentation of the 44th session of committee, the author notes the potential of the world heritage protection mechanism in solution of the problem of constructing hydropower stations on the Selenga River. These include extension of the applicable scope of the “No-go” agreements to the sphere of financial and insurance services, consideration of positive experience of using such institution as the List of World Heritage in Danger, as well as interaction with the International Hydropower Association on elaboration of the universal approaches towards the problem of impact of hydropower stations upon the World Heritage Sites.
Keywords:
nature - protected, planned activities, transboundary impact, Russian-Mongolian cooperation, threat to ecosystem conservation, environmental violations, Lake Baikal, institutional mechanism, water resources, hydropower project
Reference:
Greben'kova L.A..
The role of international organizations and international law in protecting minors from implication in life and health threatening illegal activities
// International Law and International Organizations.
2021. № 4.
P. 63-75.
DOI: 10.7256/2454-0633.2021.4.37064 URL: https://en.nbpublish.com/library_read_article.php?id=37064
Abstract:
The subject of this research is the role of international organizations, as well as legal acts adopted on the international level aimed at protecting the rights and ensuring security of minors, namely with regards to implication in illegal activities that threaten their life and health. The author aims to determine the international legal basis for the emergence of the norms in national criminal legislation that protect minors from such violations. Emphasis is placed on the process of establishment of international legal protection of minors, and the role of international organizations therein. Special attention is given to the corresponding regional international documents, which contain innovative provisions that should be included into the framework acts. The novelty of this research lies in comprehensive analysis of the international legal grounds for protection of minors from implication in illegal activities that threaten their life and health. The conclusion is made that the list of measures for the protection of minors established by the international acts is constantly expanding; despite the fact that the international acts and decisions of international organizations do not contain the norms that explicitly stipulate the responsibility of the states to ensure protection of minors from implication in illegal activities, the responsibility on establishing such protection stems from the norms that declare the need to protect minors from negligent treatment, engagement in negative social practices, as well as ensuring their information security. Therefore, the inclusion of the norm 151.2 “Implication of a minor in commission of life and health threatening actions” into the Criminal Code of the Russian Federation has solid foundation associated with the acts of international law and activity of international organizations.
Keywords:
informational security of minors, crimes against minors, involvement of a minor, rights of a child, international cooperation, parenting, children protection, illegal activity, exploitation of minors, minors
Reference:
Iurkevich M.A..
The role of international bodies and organizations in the development of legal framework for application of video conferencing in criminal proceedings of the Russian Federation
// International Law and International Organizations.
2021. № 3.
P. 31-41.
DOI: 10.7256/2454-0633.2021.3.36365 URL: https://en.nbpublish.com/library_read_article.php?id=36365
Abstract:
Legal regulation of the use of video technologies in the Russian criminal procedure is conducted on the international and domestic levels. However, based on the primacy of international law recognized by the Russian Federation, the marker is the position of international community that is reflected in the normative legal acts of its special bodies, as well as on the doctrinal level. This article carries out the chronological analysis of the acts issued by international bodies and organizations pertaining to the use video conferencing in criminal proceedings. The subject of this research is the acts of international bodies and organizations that underlie the development of the national legal framework for the use of video conferencing in the Russian Federation. The analysis of normative acts that regulate the use of video conferencing in the Russian criminal procedure demonstrate that for the most part this question is being addressed in the international agreements ratified by the Russian Federation, rather than in the national legislation (considering the provisions of the Part 3 of the Article 1 of the Criminal Procedure Code of the Russian Federation). Leaning on the acquired results, the author concludes that such tendency can be explained by a number of circumstances, namely lag in the rates of digitalization compared to the leading European practices, insignificant period of approbation of the results of using video technologies, as well as relatively short period of intensive implementation of such technologies due to the amendments in criminal procedure policy of the country, which now requires exhaustive normative regulation. The author believes that it is more appropriate to begin the analysis of normative acts that determine the legal framework for application of video conferencing in criminal proceedings of the Russian Federation with the general principles and norms of international law and international agreements, since their role in intensification of the process of digital transformation of criminal procedure in Russia cannot be overestimated.
Keywords:
multi-point conference, criminal process, international organizations, remote interrogation, right to a fair trial, UN, video conferencing, Digitalization, video technology, ECHR
Reference:
Nesterova A.V..
Legal assistance in cases of administrative offences and other types of legal assistance
// International Law and International Organizations.
2021. № 2.
P. 68-76.
DOI: 10.7256/2454-0633.2021.2.35825 URL: https://en.nbpublish.com/library_read_article.php?id=35825
Abstract:
The subject of this research is the Institution of legal assistance in cases of administrative offenses. The author examines the concept, according to which the norms on international legal assistance related to various branches of law (civil procedure, arbitration procedure, criminal procedure, administrative, private international) and reflecting the basic principles of international law, constitute an independent set of norms. The Institute of rendering legal assistance in cases of administrative offences is most similar by the content to the Institution of rendering legal assistance in cases of criminal offences established in the Chapter 53 of the Criminal Procedure Code of the Russian Federation. The comprehensive analysis of these institutions along with the position of the international community on their correlation, contributes to elaboration of ways for their development. The European Court of Human Rights, in the context of correlation of the norms on criminal responsibility in different countries, claims that regardless of whether the act is a criminal offence (France), minor offence (Germany), or administrative offense (Russia), it falls under the category pf “criminal matter” (criminal sphere), from the perspective that the country is obliged to provide a person with due procedural guarantees if indicted. Considering that the international community understands “criminal matter” as both crimes and offenses, the provisions on rendering legal assistance in cases of administrative offenses can be implemented in accordance with the standards that are effective in providing legal assistance in cases of criminal offences. The latter may include the process of harmonization and unification of international and domestic law, conclusion of bilateral and multilateral agreements between the countries, etc.
Keywords:
criminal law, international law, administrative law, judicial practice, offense, international cooperation, international legal assistance, criminal matter, international organizations, law
Reference:
Rednikova T.V..
Formation of unified approaches towards legal protection of biological diversity and its components in the Arctic: to articulation of the problem
// International Law and International Organizations.
2020. № 4.
P. 11-20.
DOI: 10.7256/2454-0633.2020.4.34851 URL: https://en.nbpublish.com/library_read_article.php?id=34851
Abstract:
This article examines the questions associated with protection of Arctic biodiversity, framework international legal documents, and documents of strategic planning of the Arctic countries. It is underlined that despite the unique ability to adapt to the severe climatic conditions, the ability of Arctic ecosystems and their components to self-restoration is significantly lower, which indicates the need to minimize the negative impact of various factors, as well as ensure the maximum level of ecosystem protection, including legal remedies. At the same time, considering the uniformity of natural environment of the Arctic region and ongoing processes, the peak efficiency in environmental protection of the Arctic can be achieved only by pooling and coordinating the efforts of all Arctic countries. The data on the state of Arctic environment allows determining major threats to the state of biological diversity of the region. In this regard, special role is played by climatic changes, which create a number of global challenges. Climate warming inevitably initiates ice melting in the Arctic, shrinkage or total deglaciation of certain areas, which leads to such consequences as decrease in abundance of species, namely aquatic mammals, the life cycle of which directly depends on the existence of ice. Global warming is inextricably linked with the process of displacement of latitudinal boundaries of the Arctic ecosystems towards north, which poses a risk for penetration of biological species that traditionally dwell to the south. This can lead dysfunction of ecosystems due to the dominance of alien species over the indigenous species.
Keywords:
Arctic region, biodiversity, ecosystems, marine mamals, legal protection, legal regime, nature environment, environment, climate, pollution
Reference:
Artem'eva Y.S., Borneman E.P..
International system of certification of hotel services in Russia: problematic of implementation and development prospects
// International Law and International Organizations.
2020. № 4.
P. 21-28.
DOI: 10.7256/2454-0633.2020.4.34953 URL: https://en.nbpublish.com/library_read_article.php?id=34953
Abstract:
The object of this research is the “Hotel Industry and Hospitality”, while the subject is the international system of certification of hotel services. The article reviews the evolution of hotel industry in Russia and the application of such tools as standardization, certification, and compliance evaluation from the perspective of quality improvement. Current trends and approaches towards the problems of certification of hotel services with consideration of the international and regional aspects are described. The authors explore the types of certification of hotel services in the Russian Federation and their peculiarities, key characteristics and tools that allow analyzing, systematizing, controlling, improving and adapting the quality standards of rendered services. The author elucidates the primary causes of low interest of the hotels in certification; outlines the prospects for the development of international system of certification of hotel services in Russia. The conclusion is made that despite the worldwide fame and popularity of hotel services certification system, including ISO standards, the prospects for implementation and advancement of the current system in the Russian hotel industry are not too encouraging due to multiple reasons discusses in the article. However, it would not be fair to deny the clear benefits of such certification. Therefore, taking into consideration the desire of hotel business and state standardization and certification authorities to establish a harmonious system of rendering hotel services of such level and quality of service that would not only meet the demands of visitors, but also promote the domestic tourism market on the international platforms of tourism industry, presses the need for popularization of certification system, as well as full state support of the business that would maintain high standards of rendered services in the international certification systems.
Keywords:
standardization, training of personnel, спрос, competitiveness, improving the quality of service, service quality, hotel, hospitality industry, certification system, local standards
Reference:
Kanatov R.K..
The concept, features and types of brokerage services on the stock market in the law of the EAEU member-states: doctrines, legislation and legal regulation
// International Law and International Organizations.
2020. № 2.
P. 24-39.
DOI: 10.7256/2454-0633.2020.2.32457 URL: https://en.nbpublish.com/library_read_article.php?id=32457
Abstract:
This article is aimed at formation of the concept of “brokerage services on the stock market” and systematization of brokerage services on the stock market for the purpose of improvement of legal regulation of the relations on rendering brokerage services in the EAEU member-states. The author examines the following aspects: 1) features of brokerage services on the stock market from the perspective of the doctrines; 2) peculiarities of brokerage services on the stock market stipulated by legislation of the states of Eurasian Economic Union; 3) classification and types of brokerage services on the stock market from the perspective of the doctrines; 4) classification of brokerage services on the stock market by the services of classical broker and discount broker; 5) types of brokerage services on the stock market established in legislation of the EAEU member-states. The scientific novelty consists in comprehensive analysis of the selected circle of questions based on the material of EAEU member-states. The main results include: 1) the formulated definition to the concept of “brokerage services on the stock market; 2) conducted systematization of brokerage services on the stock market in the EAEU member-states; 3) developed concept of implementation in the EAEU of the institution of discount brokers of stocks and financial derivatives.
Keywords:
legal regulation, financial market, financial services, brokerage agreement, stocks and bods market, brokerage activity, brokerage services, Eurasian Economic Union, harmonization, legislation
Reference:
Vavilov N.S., Moroz N.O..
Certain mechanism of implementation of the decrees United Nations Security Council in the Republic of Belarus
// International Law and International Organizations.
2019. № 4.
P. 1-8.
DOI: 10.7256/2454-0633.2019.4.31279 URL: https://en.nbpublish.com/library_read_article.php?id=31279
Abstract:
The subject of this research is the description of theoretical and practical issues associated with implementation of the results of the United Nations peacekeeping activity into the national legislation based on the analysis of the regulatory and legal acts of the Republic of Belarus, as well as the norms and principles of international law. The authors attempted to conduct a legal analysis of the processes of implementation of the decrees United Nations Security Council in the Republic of Belarus, identify their flaws, and propose the original vision of remedy for the situation, including provision of the particular legislative proposals aimed at streamlining the implementation of the decrees United Nations Security Council in the countries. The article analyzes, classifies and compare the problematic issues related to implementation of the decrees of the United Nations Security Council into the national legislation of the Republic of Belarus for future examination from both, theoretical and practical perspectives. Although there are plenty of scientific articles dedicated to this problematic, all of them carry unsystematic character. There comprehensive study on the matter has not been previously conducted. At this time, the mechanism of implementation of the at the international and regional level, the mechanism of implementation of regulations issued by the bodies of international organizations into the national legislation carrying mandatory or recommendatory character is yet to be developed at both, international and regional levels.
Keywords:
Belarus Republic, domestic law, judicial act, implementation, realization, United Nations, Security Council, model law, resolution, legal force
Reference:
Gavrilenko A.A..
The peculiarities of enforcement of decisions of the European Court of Human Rights: experience of Germany relevant to Russia
// International Law and International Organizations.
2019. № 3.
P. 24-30.
DOI: 10.7256/2454-0633.2019.3.30269 URL: https://en.nbpublish.com/library_read_article.php?id=30269
Abstract:
This article is dedicated to the problem of enforcement of decisions of the European Court of Human Rights (ECHR) in the Federal Republic of Germany. The author explores the experience of West Germany in settling the conflict between the national law and international treaty – the European Convention on Human Rights. Special attention is given to the analysis of positions of the Federal Republic of Germany related to the decisions of ECHR made in regard to other countries and constituting precedents in German courts, as well as mandatory for considering in the work of government bodies. The scientific novelty is defined by focusing on the previously uncovered by the Russian legal experts combination of relevant aspects of the enforcement of decisions by ECHR in Western Germany through the prism of the realities of Russian law. Being fluent in German language, the author used the original laws and regulations of the Federal Republic of Germany, as well as scientific literature in German language. The conclusion is made that by imparting the status of general law upon the European Convention on Human Rights, Germany still relies on priority of the norms of international law over the national legislation and compliance with the decisions of ECHR. The author recommends to incorporate the German practice, according to which for preventing the instances of violating Convention in the future, the government bodies of the Federal Republic of Germany must consider the directive of ECHR not only with regards to Germany, but also foreign countries, as the practice of the European Court of Human Rights accordant to the position of the Federal Constitutional Court of Germany constituents has precedential value.
Keywords:
Human Rights, Statistics of legal actions, Precedential value, Görgülü Case, Constitutional Court of Germany, Enforcement of decisions, European Court, European Convention, International Law, National Law
Reference:
Varavenko V.E..
Regulatory change management in the international investment construction project: comparative-legal analysis of the FIDIC contracts and Russian law
// International Law and International Organizations.
2019. № 2.
P. 41-56.
DOI: 10.7256/2454-0633.2019.2.29711 URL: https://en.nbpublish.com/library_read_article.php?id=29711
Abstract:
The goal of this comparative-legal research is the determination of similarities and differences in regulatory change management of the key parameters of international investment construction project, which implies quantitative and qualitative changes of the quality of project product, project budget and implementation timeline. The object of this research is the change management procedure in the investment construction project with participation of Russian and foreign legal entities. The subject is the terms of standard contracts of International Federation of Consulting Engineers (FIDIC) and norms of the Civil Code of the Russian Federation. The following conclusions were achieved: 1) Determination of fundamental differences between the FIDIC contracts and norms of civil legislation: the first are based on the principles and practice of project management, whole the latter on the pacta sunt servanda principles and freedom of contract; the first are aimed at ensuring optimality (quickness, flexibility) of decision-making and control over the activity of project participants, while the latter – at ensuring sustainability of contractual links and equality of the parties; 2) FIDIC contracts are aimed at ensuring and protection of client’s interests, while the norms of the Civil Code of the Russian Federation, which regulate the relations of construction contract, lean towards protecting contractor’s interests; 3) The result of subordination of the relations of construction contract, emerged on the basis of FIDIC standard contracts, to the Russian substantive law, would become the impossibility of implementation of certain change management procedures, which may complicate control over the contractor’s work, as well as reduce the efficiency of project’s adjustment to the changes in its external and internal environment.
Keywords:
Construction Contract, Chose of applicable law, FIDIC Silver Book, FIDIC Model Contracts, PM Change Management, International investment construction projects, EPC-contract, Right to variation, Agreement-based regulation, Comparative Law
Reference:
Rozhkova N.A., Ul'yanova O.V..
To the anniversary of the Universal Declaration of Human Rights: the Universal Declaration of Human Rights as a part of international legal standards on human rights
// International Law and International Organizations.
2019. № 1.
P. 1-9.
DOI: 10.7256/2454-0633.2019.1.27697 URL: https://en.nbpublish.com/library_read_article.php?id=27697
Abstract:
This article analyzes the Universal Declaration of Human Rights as a part of international legal standards on human rights, as well as the Russian law enforcement practice of this document. Based on the differences in legal technique of the references applied by the Russian courts (form, procedure, peculiarities of implementation, target of application of the references of the Universal Declaration), the authors determine the status of the Universal Declaration of Human Rights in Russia and the role of courts that ensure implementation of international legal standards in application of international legal regulations incorporated into the Russian legal system. Logical analysis of court rulings on civil cases submitted by the federal courts of the Russian Federation with references to the Universal Declaration of Human Rights allows making a conclusion that the Russian legal system realizes the international legal standards in the area of human rights. The authors reveal the relevance of studies on implementation of the Universal Declaration of Human Rights in court practice of the Russian Federation necessary for the precise determination of the status of this international legal act within the Russian legal system. A conclusion is made that reference to the Universal Declaration of Human Rights in the decisions of Russian courts is a sustainable practice and established legal tradition within the Russian legal system.
Keywords:
Russian legal system, legal position, protection of individual rights, law enforcement practice, international legal standards, United Nations, international law, declaration of human rights, legal technique, implementation of international legal norms
Reference:
Zaborovskaia I., Zabrodin A.V..
The impact of decisions of the European Court of Human Rights upon the Russian legal system (on the example of penal system)
// International Law and International Organizations.
2018. № 4.
P. 39-46.
DOI: 10.7256/2454-0633.2018.4.27523 URL: https://en.nbpublish.com/library_read_article.php?id=27523
Abstract:
Ratification by the Russian Federation of the Convention for the Protection of Human Rights and Fundamental Freedoms drafted in 1950 allowed distributing the implementation of international standards with regards to treating the convicts in the territory of Russian Federation. The decisions of the European Court of Human Rights attained the role of substantial factor influencing the penal policy in Russia. The author examines the question about the status of precedents of the European Court of Human Rights, their practical application considering the opinions of the Constitutional Court of the Russian Federation, namely the restriction of suffrage for the persons in detention. The article analyzes the problems of enforcement of the separate court rulings of the European Court of Human Rights; as well as the implementation of decisions of the European Court of Human Rights considering the Court Order of the Constitutional Court of the Russian Federated of 04.19.2016 No. 12-P. As a result, the following conclusions were made: the decisions of the European Court of Human Rights are aimed at protection of interests of the persons in detention, affect the penal policy in the Russian Federation, as well as influence the humanization of laws and law enforcement practice by introducing amendments into the current penal legislation.
Keywords:
restriction of the suffrage, international law, judicial precedent, penal correction system, criminal and executive policy, rights of convicts, European Court of Human Rights, Constitutional Court of the Russian Federation, judicial protection, complaint
Reference:
Pustovalov E.V..
Barriers and restrictions of the EAEU single services market in the research and development sector
// International Law and International Organizations.
2018. № 3.
P. 16-26.
DOI: 10.7256/2454-0633.2018.3.27346 URL: https://en.nbpublish.com/library_read_article.php?id=27346
Abstract:
The subject of this research is the regulations of the Treaty on the Eurasian Economic Union and its protocols pertinent to the conditions for acknowledging the functionality of the single services market on any sector. Attention is given to the categories of “barrier” and “restriction” applicable to functionality of the single services market, the definitions of which are absent in the law of the Union. The existence of such obstacles in certain cases can create discrimination of the EAEU member-states, and thus destroy the single services market. The author also meticulously review the sector of services in research and development, in which the operation of the single services market is recognized by the Supreme Eurasian Council. The article analyzes the separate positions of national legislations of the EAEU member-states that regulate the rendition of services in the indicated sphere, concerning the identification of possible barriers and restrictions. A conclusion is made on the need for continuing the harmonization of national legislations on research and development sector, as well as monitoring of the changes introduced by the forming law enforcement practice. The author underlines the need for development of the Union’s law regarding the determination of signs of inadmissible barriers and limitations, as well as formulation and regulation of mechanisms on their removal.
Keywords:
integration, single market, liberalization of market, scientific research activity, EAEU, harmonization of legislation, Eurasian Economic Union, barrier, integration association, restriction
Reference:
Rednikova T.V., Kudelkin N., Ma X..
State policy of the Russian Federation and the People’s Republic of China in the area of the Arctic environmental protection: prospects of international and bilateral cooperation
// International Law and International Organizations.
2018. № 2.
P. 17-31.
DOI: 10.7256/2454-0633.2018.2.25919 URL: https://en.nbpublish.com/library_read_article.php?id=25919
Abstract:
In the conditions of economic globalization and integration, the relevant issues of ensuring sustainable development to the region can be resolve through the international and transnational cooperation. The article analyzes the regulations of state policy of Russia and China in the area of the Arctic environmental protection, as well as attempts to find the vectors of joint activity of the countries. Such analysis demonstrated that the acknowledgement at the highest level of the serious environmental threats testifies to the intention to overcome them. The Russian political doctrine contains an extensive of measures on environmental protection and ensuring sustainable development to the region. The claimed goal can be achieved exceptionally through improving the system of legal regulation of all types of activities in the Arctic. The article also analyzes the positions of the White Paper “The Arctic Policy of China” in the area of environmental protection, dedicated to China’s involvement in solution of the environmental issues of the region. Comparing the political doctrines of Russia and China pertinent to the Arctic environmental protection, the authors underline the similarity of the tasks and goals contained within. Currently, the most topical are the struggle against pollution, preservation of the Arctic ecosystems, and the fight against global warming. Cooperation between the countries can be realized on the basis of international, as well as bilateral agreements. In order to ensure the interests of the Russian Federation in the Arctic, the authors find reasonable to formulate and sign a separate regional bilateral agreement, dedicated to the problems of environmental protection in the Arctic.
Keywords:
pollution, China, international co-operation, nature resources, state policy, environmental protection, Arctic, environment, biodiversity, climate
Reference:
Zaborovskaia I..
Impact of the United Nations Convention on the Rights of Persons with Disabilities upon Russia’s penal policy and correction of the disabled convicts
// International Law and International Organizations.
2018. № 1.
P. 40-46.
DOI: 10.7256/2454-0633.2018.1.25605 URL: https://en.nbpublish.com/library_read_article.php?id=25605
Abstract:
Russian Federation’s ratification of the United Nations Convention on the Rights of Persons with Disabilities allowed distributing the implementation of the state program “Accessible Environment” into the penal facilities that affected the efficiency of correction of the disabled convicts and improvement of psychological climate in the units. The author examines the practice on increasing the indexes of accessibility of the object of penal system with regards to persons with disabilities in several subjects of the Russian Federation. The article analyzes the problems of application of correctional methods, realization of individual rehabilitation program, problems of employment and receiving education in the penal facilities, considering the international standards. In the course of this research, the author analyzes the implementation of the internal code of conduct in penal facilities with regards to the disabled convicts (Section 192-199), as well as analysis of the decisions of the European Court of Human Rights (violation of the Article of the Convention for the Protection of Human Rights and Fundamental Freedoms pertinent to the disabled convicts). As a result, the author suggest the measures encouraging the correction of the disabled convicts, as well as the methods for preventing crimes among them (receiving distance education, acquiring profession, and employment in the penal facilities). A conclusion is made that the correctional impact with regards to the disabled convicts must be based on the need for providing help in the conditions of isolation and after discharge for preventing recurrent crime.
Keywords:
individual means of rehabilitation, discrimination, work of convicts, imprisonment, the available circle, the condemned disabled people, medical care, human dignity, inhuman treatment, correction of convicts
Reference:
Mirzayev F.S..
Application of the principle of uti possidetis in the context of collapse of the Socialist Federative Republic of Yugoslavia (SFRY)
// International Law and International Organizations.
2017. № 3.
P. 25-35.
DOI: 10.7256/2454-0633.2017.3.23797 URL: https://en.nbpublish.com/library_read_article.php?id=23797
Abstract:
This article examines the principle of uti possidetis that originates from the Roman civil law and has transformed into the general principle of international law under the influence of practice of the states, international judicial bodies, and specialized international arbitration courts. The author reviews the fundamental role of the principle pertaining to the case of disintegration of the Socialist Federative Republic of Yugoslavia (SFRY): acknowledgement and retaining of domestic borders – former territorial units of the erstwhile state, and their transformation into the international boundaries of the newly formed sovereign nations. Special attention is given to the work of Badinter Commission established by the European Union for settling various legal issues within the framework of disintegration of the Socialist Yugoslavian State, including the boundary and territorial disputes and conflicts in the process.
Keywords:
inviolability of boundaries, dismemberment of state, International Court of Justice, principles of international law, territorial disputes, self-determination of nations, uti possidetis, state practice, Yugoslavia, Badinter Commission
Reference:
Zhelin'ska E..
Council of Europe Convention on preventing and combating violence against women and domestic violence; its general evaluation and the importance of membership of the Polish Republic (continuation).
// International Law and International Organizations.
2017. № 2.
P. 43-63.
DOI: 10.7256/2454-0633.2017.2.21060 URL: https://en.nbpublish.com/library_read_article.php?id=21060
Abstract:
This article examines various questions pertaining to the Council of EuropeConvention on preventing and combating violence against women and domestic violence.In particular, the author reviews the process of development of the aforementioned act, itsstructure, main positions, and other aspects. The work also studies the fundamental definitionsused by this act (the notion of domestic violence, gender, as well as criminal qualificationof the domestic violence). The attention is focused on the comparative-legal and formal-legalmethods of research. This act of the Council of Europe is yet to be examines within theRussian juridical science, which substantiates the relevance and novelty of this work. Theauthor is also interested in the experience of implementation of the normative documents ofthe Council of Europe into the national legal order of Poland, as well as the law enforcementaspect of the material. The scientific novelty consists in examination of the questions ofdevelopment of this act, its genesis and the influence of the positions of various states uponthe establishment of this legal text.
Keywords:
Law enforcements, Development, Protection of women, National law, Membership, Implementation, Poland, Domestic violence, Convention, Council of Europe
Reference:
Logvinova I.V..
International Pacts of 1966 on human rights in the context of development of generally recognized individual rights and freedoms
// International Law and International Organizations.
2017. № 1.
P. 56-64.
DOI: 10.7256/2454-0633.2017.1.21925 URL: https://en.nbpublish.com/library_read_article.php?id=21925
Abstract:
The subject of this research is the process of development and consolidation within the international documents of universalities in the field of human rights and freedoms. On the example of adoption of the International Pacts of 1966, the author examines the question of the search for compromise decisions by the participants of international relations under the circumstances of opposition between the states and various sociopolitical system. The article defines the role of USSR in development of these documents, as well as identifies the succession in the position regarding the universality of rights and freedoms set in the pacts. Certain modern aspects of implementation of the progressive positions of the International Pacts of 1966 are being analyzed. The conclusion is made on the importance of activity of the state that manifest as participants of the international process on formulization of universalities in the area of rights and freedoms. In addition to this, the author determines the current issues associates with implementation of positions of the pacts, including the foreign policy questions.
Keywords:
Implementation, Convention, Ratification, Federative article, International relations, International organization, Foreign policy , State, Human rights, International law
Reference:
Logvinova I.V..
International Pacts of 1966 on human rights in the context of development of generally recognized individual rights and freedoms
// International Law and International Organizations.
2017. № 1.
P. 56-64.
DOI: 10.7256/2454-0633.2017.1.68624 URL: https://en.nbpublish.com/library_read_article.php?id=68624
Abstract:
The subject of this research is the process of development and consolidation within the international documents of universalities in the field of human rights and freedoms. On the example of adoption of the International Pacts of 1966, the author examines the question of the search for compromise decisions by the participants of international relations under the circumstances of opposition between the states and various sociopolitical system. The article defines the role of USSR in development of these documents, as well as identifies the succession in the position regarding the universality of rights and freedoms set in the pacts. Certain modern aspects of implementation of the progressive positions of the International Pacts of 1966 are being analyzed. The conclusion is made on the importance of activity of the state that manifest as participants of the international process on formulization of universalities in the area of rights and freedoms. In addition to this, the author determines the current issues associates with implementation of positions of the pacts, including the foreign policy questions.
Keywords:
Implementation, Convention, Ratification, Federative article, International relations, International organization, Foreign policy, State, Human rights, International law
Reference:
Irkhin I.V..
Foundations of the constitutional status of Turks and Caicos Islands as overseas possession of the United Kingdom of Great Britain and Northern Ireland
// International Law and International Organizations.
2017. № 1.
P. 65-77.
DOI: 10.7256/2454-0633.2017.1.68625 URL: https://en.nbpublish.com/library_read_article.php?id=68625
Abstract:
The subject of this research is the positions of the White Paper of overseas territories that regulation the institution of partnership as a form of interrelations of Great Britain with overseas territories. The political and territorial relations between Great Britain and the examined overseas territory is suggested to qualify as Unitarian with the elements of feudalism. The article also explores the positions of the Constitutional Order of the Turks and Caicos Islands of 2011 in part of regulation of the status of the Governor, Cabinet, and Legislature. The author underlines the a special place within the constitutional system of authorities of the overseas territory belongs to the representative of the British crown due to the powers that allow in compliance with the set by the Constitution conditions making the key decisions in the sphere of domestic policy of the island (Convocation of Cabinet, its resignation, dissolution of the House of Assembly , reserve lawmaking authorities, etc.). Thus, a significant role in formation and realization of the constitutional course belongs to the Prime Minister and House of Assembly . The work formulate the theses concerning the additional regulation of competency of the local public authorities of Turks and Caicos Islands and the Governor, specification of the content, order of organization, and carrying out of conciliation procedures, early dissolution of the House of Assembly, clarification of criteria of such decision-making. This work is one of the first to examine the partnership relations of Great Britain with its overseas territories from the constitutional legal positions. It reveals the constitutional legal status of Turks and Caicos Islands, analyzes the positions of the Constitutional Order of 2011 regarding the Governor, Cabinet, House of Assembly , as well as organizational order of their interaction.
Keywords:
House of Assembly, Cabinet, Governor, Monarch, Constitutional Order, partnership, Turks and Caicos, overseas territory, Great Britain, electoral law
Reference:
Smirnova E.S..
Some legal and political aspects of establishment of the institution of citizenship from the perspective of correlation between the international and national law
// International Law and International Organizations.
2016. № 4.
P. 438-445.
DOI: 10.7256/2454-0633.2016.4.68442 URL: https://en.nbpublish.com/library_read_article.php?id=68442
Abstract:
The author thoroughly examines such aspects of the topic as the interaction of law and politics in establishment of the institution of citizenship in modern world, as well as the global trends towards signing by the state of the international legal conventions aimed at protection of human rights. The subject of this article is the relation of states regarding the allocation to an individual of the political legal connection with society and the government demonstrates the level of development of the democracy in a specific country. Special attention is given to the questions of interdependence between the national and international law, which is the best indicator of priority of state interest in establishment of the legislative policy of a certain nation. The regional international relations in this case serve as a factor of the unity of states in solution of the problems of population. The main conclusion consists in the thesis about the need for strengthening of the transnational connections regarding all aspects of the protection of human rights. The legal component of this activity of the state obligates the legislator to consider the legal experience of other countries and regions, as well as existing recommendations of UN on this matter. The interdependence between the normative legal acts of all levels must contribute into the formation of high quality legislation.
Keywords:
Prospect, Contract, Agreement, Interaction, Integration, Cooperation, Citizenship, Law, Politics, State
Reference:
Goryan E.V..
Protection of women’s rights employed in the free economic zones: international standards and foreign experience
// International Law and International Organizations.
2016. № 4.
P. 446-456.
DOI: 10.7256/2454-0633.2016.4.68443 URL: https://en.nbpublish.com/library_read_article.php?id=68443
Abstract:
The object of this research is the relations pertaining to protection of the women’s labor rights in the free economic zones. The author explores the international legal and national mechanisms of ensuring the international labor standards. Attention is given to the work of international nongovernmental organizations and multinational corporations in this field. The author examines the models of individual responsibility, as well as joint responsibility of the multinational corporation before the employees in developing countries. The experience of US impact upon the developing countries regarding the protection of international labor standards is being analyzed. The latest trends testify to the more active participation of multinational corporations in protection of the rights of employees at the work places mostly located throughout the free economic zones. The difficulties are created directly by the countries, on the territories of which the factories are located – corruption, flawed legal and institutional mechanisms, lack of political will towards resolution of the issues hinder the ratification and further implementation of the international labor standards. Trade agreements with the developed countries, which contain special clauses regarding the interdependence between compliance with the international labor standards and provision of trade preferences, serve as the most efficient means of compulsion of the states to fulfill their international obligations.
Keywords:
trade treaty, nongovernmental organization, multinational corporation, free economic zones, international labour standards, human rights, Trade Union, national mechanism, international mechanism, decent joob
Reference:
Zanko T.A..
Change of the legal status of the Extraordinary and Plenipotentiary Ambassadors of the Russian Federation
// International Law and International Organizations.
2016. № 3.
P. 371-376.
DOI: 10.7256/2454-0633.2016.3.68165 URL: https://en.nbpublish.com/library_read_article.php?id=68165
Abstract:
The article covers the changes of the legal status of the Extraordinary and Plenipotentiary Ambassador of the Russian Federation's in the context of the adoption of the Federal Law of June 23, 2016 № 186-FZ "On the Extraordinary and Plenipotentiary Ambassador of the Russian Federation in a foreign country, and the Permanent Representative (Representative, Permanent Observer) of the Russian Federation to the international organization (in a foreign country)". In particular, the organizational and legal preconditions for the adoption of the Federal Law, as well as the additional state guarantees provided to Ambassador Extraordinary and Plenipotentiary of the Russian Federation are analyzed.The study uses the legal, functional, comparative and historical methods, that provide a comprehensive study of the issues of changing of the legal status of the Extraordinary and Plenipotentiary Ambassador of the Russian Federation.The analysis revealed that the adoption of the Federal Law № 186-FZ marked another significant milestone in the development of legal regulation of the foreign service, emphasized the special status and role of the diplomatic staff within the system of public administration, created the conditions for the development of human capacity of the Ministry of Foreign Affairs of the Russian Federation.On the Extraordinary and Plenipotentiary Ambassador of the Russian Federation
Keywords:
Public position, Permanent representative, Ambassador, Diplomat, Ministry of Foreign Affairs of Russia, Government service, Diplomatic service, Embassy, Permanent Mission, Diplomatic rank
Reference:
Izvekov S.S..
Exterritorial tax aspects in bankruptcy cases in the BRICS countries
// International Law and International Organizations.
2016. № 2.
P. 208-218.
DOI: 10.7256/2454-0633.2016.2.67878 URL: https://en.nbpublish.com/library_read_article.php?id=67878
Abstract:
This article elucidates the prospects for posing tax questions in the transboundary bankruptcy cases on the examples of the BRICS countries. We will formulate the main collisions in comparison of the sequence of tax requirements in state law of the BRICS countries, assess the situation of direct involvement of the state in bankruptcy cases in another country, and establish paths for overcoming the issues arising in the process. The author defines the theoretical foundations of the influence and cooperation of the fiscal demands of a state with similar fiscal interests of another state. The author explores approaches of the BRICS countries towards the category of public demands and correlation with the concept of mandatory payment. The article substantiates the disagreements of national legislation on priority of satisfaction of demands of the creditors in some of the BRICS countries. The presented material can be useful for researchers of international private law and international tax law in dealing with cases of transboundary bankruptcy.
Keywords:
Transboundary bankruptcy, Transboundary failure, Tax questions, Lex fori concursus, Obligatory payment, Competitiveness of foreign requirements, Conflict of foreign requirements, Equality of rights, Financial rehabilitation, Principle mutuality
Reference:
Nikul'tseva A.N..
Problematic issues of qualifications of fraudulence in exchange securities transactions under the laws of Germany, Spain, Italy, France and the Czech Republic.
// International Law and International Organizations.
2016. № 2.
P. 219-230.
DOI: 10.7256/2454-0633.2016.2.67879 URL: https://en.nbpublish.com/library_read_article.php?id=67879
Abstract:
The subject of the research is to examine the features of qualifications on the national legislation of Germany, Spain, Italy, France and the Czech Republic in terms of conflict of national and international jurisdictions, as well as the analysis of common problems for these countries the definition of fraudulent activity. Particular attention is paid to the issue of collisions of jurisdiction choosing and fraud, based on differences of national jurisdictions as the main source of differences in the classification of fraud in the securities markets. To analyze empirically researched modern features of the development of national and international stock markets, the most defining characteristics of fraudulent activity in the field of securities turnover in Germany, Spain, Italy, France and the Czech Republic. As a result, a common approach highlighted in qualifying securities fraud (materiality, criminal intent, manipulation of securities), as well as problems that are currently dealt with in the courts of the countries studied, including in higher courts. Problematic issues are to determine the jurisdiction of concluded transaction, the revision of the jurisdiction in case of suspicion of fraud and the question of the definition of "securities". The scientific novelty of the work is determined by the lack of a definition of certain aspects of qualification fraud in the securities market in the legislation of Germany, Spain, Italy, France and the Czech Republic, despite the development of the stock market in these countries and the regulation of matters of international institutions (primarily EU institutions). Experience of resolving these problems, especially in a conflict of jurisdictions, has important theoretical and practical significance, especially for the Russian legal thought in the context of the intensification of international trials involving economic crimes.
Keywords:
Fraudulence, Bond market, Stock market, Germany, France, Italy, Spain, Czech Republic, Jurisdiction, Qualification
Reference:
Varavenko V.E..
The work of the International Federation of Consulting Engineers (FIDIC) on development of the standard contracts as a mechanism of convergence of the international legal systems
// International Law and International Organizations.
2016. № 2.
P. 231-237.
DOI: 10.7256/2454-0633.2016.2.67880 URL: https://en.nbpublish.com/library_read_article.php?id=67880
Abstract:
The object of this research is the organization and work of the International Federation of Consulting Engineers (FIDIC) on creation and support of the professional standards in the area of engineering construction activity, including the establishment of norms and rules of professional ethics, principles of sustainable development, etc. The subject of this research is the work of the International Federation of Consulting Engineers on creation of standard contracts for performance of work and provision of services in the area of international investment construction projects, which represent generalization of business practices. The main conclusion consists in the fact that the work of FIDIC on systematization of business practices used in the field of investment construction activity is not a unification or harmonization of law, but rather represents a special, independent mechanism of converging national legal systems.
Keywords:
Representation contract, Partnership contract, Service contract, Construction contract, Investment construction activity, Standard contracts, Business practices, Harmonization of law, Unification of law, FIDIC
Reference:
Kostenko N.I..
The role of the global Community and Russia in counteracting human trafficking
// International Law and International Organizations.
2016. № 1.
P. 28-40.
DOI: 10.7256/2454-0633.2016.1.67445 URL: https://en.nbpublish.com/library_read_article.php?id=67445
Abstract:
This article focuses on the following subjects: - Corresponding positions of international laws dedicated to the fights against the grossest violation of human rights – human trafficking;- Russian criminal legislation on responsibility for human trafficking;- Scientific literature on the issues of fight against human trafficking;- Related statistical data.The object of this research is the approach towards formation of international and national criminal policy in the area of the fight against human trafficking presented in the international community and Russia, as well as relations between the global community and Russia that emerge in the area of realization of corresponding international legal acts and prevention of this crime. The scientific novelty consists in the fact that this is one of the first researches of criminal policy in the area of fight against human trafficking and the issues of its optimization. The author highlights the fact that in its conventions and resolutions the UN must insist on activation and necessity of fair justice for solution of issued pertaining to human trafficking.
Keywords:
criminal phenomenon, ratification, crime, international standards, eradication, organized crime, criminal enterprise, forced labor, legal authority, human trafficking
Reference:
Zatsepina T.N., Nagornaya E.N..
On some problematic issues of executing foreign court orders within the CIS member-states (on the examples of law enforcement practice of the CIS Economic Court)
// International Law and International Organizations.
2015. № 3.
P. 313-330.
DOI: 10.7256/2454-0633.2015.3.66835 URL: https://en.nbpublish.com/library_read_article.php?id=66835
Abstract:
The subject of this research is the problematic issues of application of norms of international treaties regulating the execution of foreign court orders within the CIS, detected by the CIS Economic Court during their interpretation. The authors give attention to the applied significance of the problematics for other integrational unions throughout the Commonwealth due to lack of special international legal regulation of the questions of acknowledgement and execution of foreign court decisions. The authors substantiate the conclusion that the court rulings of the CIS Economic Court reveal the problematic aspects of the correlation between the international treaties of the CIS member-states and the norms of national legislation during execution of foreign court orders, and set the procedure for resolving these issues. Within the framework of official consultative decision of the Court, the recommendations on the reasonableness of development of a unified procedure for due notification of foreign individuals by the CIS member-states on a bilateral level, as well as a unified mechanism of acceptance (or decline) of the foreign court orders, are aimed at the efficient transboundary execution of court and arbitral rulings within the Commonwealth.
Keywords:
Commonwealth of Independent States, Economic Court, Kiev Treaty, Minsk Convention, Hague Convention, Execution of court orders, Foreign court rulings, Due notification, Provisional measures, Writ of execution
Reference:
Esakov G.A..
International criminal law as a sub-branch of Russian criminal law: current status and problems
// International Law and International Organizations.
2015. № 3.
P. 331-346.
DOI: 10.7256/2454-0633.2015.3.66836 URL: https://en.nbpublish.com/library_read_article.php?id=66836
Abstract:
The article focuses on the current status of international criminal law provisions in Russian criminal law. The author outlines the history of these provisions within the national criminal legislation, reveals their specific features, and makes a comparison with the foreign experience on this matter. Based on the aforementioned, he concludes that there is a specific sub-branch within Russian criminal law, which can be referred to as ‘internationally originated criminal law.’ This sub-branch encompasses the group of crimes in the special part of the criminal code and modifies the general rules of criminal law. Furthermore, the current problems with regards to these crimes and general rules are outlined. Special attention is given to the future prospects of implementation procedures and doctrinal research in this area. The author concludes that to have an up-to-date criminal legislation and a strong criminal legal theory, is a task for the future development within Russian criminal legal doctrine.
Keywords:
sources of criminal law, implementation, war crimes, genocide, crimes against humanity, criminal code, international criminal law, retroactive force, international law, international criminal court
Reference:
Varavenko V.E..
Model representative agreement of international federation of consulting engineers (FIDIC): prospects for implementation within russian legal system
// International Law and International Organizations.
2015. № 2.
P. 159-165.
DOI: 10.7256/2454-0633.2015.2.66476 URL: https://en.nbpublish.com/library_read_article.php?id=66476
Abstract:
The subject of this research is the terms of the Model Representative Agreement (further – Agreement) of the International Federation of Consulting Engineers (FIDIC) of 2013, as well as the norms of Russian and foreign law that regulates the agency relations (norms of Chapter 52 of the Civil Code of the Russian Federation, and legal norms of England and Wales, which regulate agency relations). The agreement is meant to structure and regulate agency relations between the engineering, construction, and project management companies, as well as companies providing intermediary services, helping foreign countries enter the national market of corresponding services. This research represents a first analytical report on the content of the Model Representative Agreement of FIDIC of 2013. The author concludes that there is lack of principal juridical obstacles that would prevent application of the Agreement by Russian companies seeking to provide intermediary services to international engineering companies and project planners. In addition to that, the distribution of risk between the sides of the Agreement is on the side of the foreign companies, which needs to be considered in decision making on the use of this model of agreement.
Keywords:
actual authority, project manager, engineering company, agent, anticorruption clause, intermediary, model agreement, FIDIC, express authority, implied authority
Reference:
Alebastrova I.A..
Transnational constitutionalism: internationalization of the
constitution and constitutionalization of international law
// International Law and International Organizations.
2015. № 1.
P. 38-48.
DOI: 10.7256/2454-0633.2015.1.65950 URL: https://en.nbpublish.com/library_read_article.php?id=65950
Abstract:
The main thesis of this article is the statement about the activation of the cooperation,
interconnection, and cross-inf luence of the constitutional and international law at the present
time. The author analyses the key directions of such cooperation and comes to the conclusion that
one of its major factors is the social solidarity, and there is an urgent need to strengthen it on a
global scale. The need for international solidarity is increased by the process of globalization as
one of the indicative aspects of the postindustrial society; it is warranted by the fact that under
the conditions of globalization the countries and nations become ever more interconnected and
interdependent. It is mostly due to the fact that the development of international cooperation has
gained the form of a transnational constitutionalism that such cooperation became very effective
in the way of providing a lasting peaceful coexistence of the majority of humanity, elevation of the
standard of living, including among developing countries, and advancement of humanity on the
road to strengthening the rights and dignity of a person. Of course, the solution to these problems
is yet to be fully worked out.
Keywords:
International law, constitutional law, social solidarity, internationalization of constitutional law, transnational constitutionalism, international collaboration, solidarity, national economy, globalization, interdependence.
Reference:
Galuzo V.N..
On the forms of international cooperation of the customs
authorities of the Russian Federation
// International Law and International Organizations.
2015. № 1.
P. 49-53.
DOI: 10.7256/2454-0633.2015.1.65951 URL: https://en.nbpublish.com/library_read_article.php?id=65951
Abstract:
The subject of this research is the laws associated with the international cooperation of the customs
authorities of the Russian Federation. The author notes that such cooperation is carried out in the following
four ways: participation in development of international agreements; direct execution of international agreements
on mutual legal assistance in criminal and other matters; signing and execution of agreements on legal
assistance and cooperation between the customs authorities of various countries; cooperation of customs authorities
through intergovernmental authorities. The following conclusions are made: international cooperation
should be viewed as one of the functions of the customs authorities of the Russian Federation as stipulated
by the customs legislation (Customs Code of the Customs Union, Federal law “On Customs Regulation in the
Russian Federation”); international cooperation of the customs authorities of the Russian Federation is carried
out in four ways.
Keywords:
Functions of the customs authorities, customs legislation, Customs Code, Customs Union, Federal law, Russian Federation, international cooperation, customs regulation, international agreements.
Reference:
Shovkrinskiy A.Y..
Exhaustion of domestic remedies and laws governing
the international organizations
// International Law and International Organizations.
2014. № 4.
P. 557-563.
DOI: 10.7256/2454-0633.2014.4.65693 URL: https://en.nbpublish.com/library_read_article.php?id=65693
Abstract:
This article examines the issue of “exhaustion of domestic remedies” in disputes where the defendant
is an international organization (and the plaintiff is most often an employee of this organization). The author
believes that the term “exhaustion of domestic remedies” in disputes where the defendant is an international
organization is more of a technical term, as these subjects of international law do not have the same mechanism
as the countries. Nevertheless, the article reviews the question of resolving the disputes within specialized
tribunals of international organizations. The author claims that if an international organization has acts that
defi ne the competency and operating procedures of the administrative tribunals contain the norm requiring
the exhaustion of all domestic remedies, then this must be executed by the plaintiff. On the other hand, if such
obligation is not present, it seems that the plaintiff does not have to exercise any domestic remedies that are set
in place within the international organizations, as the general international law does not impose such mandate.
Keywords:
International law, European Law, UN, international organizations, tribunals, courts, domestic remedies, plaintiff, defendant, dispute.
Reference:
Osavelyuk, A.M..
Are the international treaties sources
of the constitutional law of Russia?
// International Law and International Organizations.
2014. № 3.
P. 444-451.
DOI: 10.7256/2454-0633.2014.3.65438 URL: https://en.nbpublish.com/library_read_article.php?id=65438
Abstract:
According to the Constitution of the Russian Federation (p. 4 of the Art. 15) the international treaties
form part of its legal system along with the generally recognized principles and norms of the international
law. The issue regarding inclusion of the international treaties into the list of sources of constitutional law is
approached from various standpoints in the Russian legal literature. As a result, in this article based upon
the analysis of the scientifi c literature, current constitutional legislation of Russia and foreign states, as well
as the relevant provisions of the Constitutional Court of the Russian Federation, the author attempts to show
the place of the international treaties within the system of constitutional law. The author considers that the
issues of whether the international treaties of the Russian Federation are sources of the constitutional law of
the Russian Federation, whether they are directly applicable in its territory and what their legal force is have
no unambiguous solutions, which is due the fl awed formulations of part 4 of Art. 15 of the Constitution of the
Russian Federation, while there are references to these issues in other provisions of the Constitution (e.g., part
2 of Art. 15 of the Constitution of the Russian Federation), and there are also various types of treaties and laws.
As a result, the author considers that resolution of some problems, which are directly regulated by the current
legislation should take place in strict conformity with their provisions, while the issues causing confl ict of laws
should be resolved individually with due regard to each specifi c situation by the Constitutional Court of the
Russian Federation or by the courts of general jurisdiction based on their competence.
Keywords:
International treaty, Constitution, source of international law, source of constitutional law, constitutional law, legislation, resolutions, the Constitutional Court of the Russian Federation, globalization, problem.
Reference:
Osipyan, B.A..
Legal fundamentals of international security
// International Law and International Organizations.
2014. № 2.
P. 245-254.
DOI: 10.7256/2454-0633.2014.2.64988 URL: https://en.nbpublish.com/library_read_article.php?id=64988
Abstract:
In this article based upon specifi c attempts of peaceful and lawful international confl ict resolution
reveals the system of value-, goal-, and principle– oriented institutional and functional guarantees for the
formation and support of international stability and security. It is noted that the Constitutions of some civilized
states provide for the agreement for the reciprocal (with other states) limitation of their sovereignty for
the sake of guarantees of common order, security and peace. The constitutional system offered by the author
is the mechanism for the early (pre-treaty) prevention of regional and global confl icts and problems, and in
comparison with the currently applied mechanisms it may become an important guarantee for the preservation
of international peace and security. In respect of its effi ciency it may have considerable advantages in
comparison to the mechanisms currently established by the international law at the UN level, and at the levels
of other authoritative international organizations. And the matter is more than just lack of suffi cient material,
organizational and technical means of international governmental and non-governmental organizations for
the purpose of prevention of international tensions.
Keywords:
legal fundamentals, international security, law-making, resolution of international disputes, system of guarantees, international stability, international tensions, the UN, international organizations, norms of international law.
Reference:
Galuzo, V.N..
International cooperation within the system of functions
of the Prosecution in the Russian Federation:pro et contra
// International Law and International Organizations.
2014. № 2.
P. 237-244.
DOI: 10.7256/2454-0633.2014.2.64989 URL: https://en.nbpublish.com/library_read_article.php?id=64989
Abstract:
The article substantiates the statement on the need to exclude international cooperation from the list of functions
of the Prosecution in the Russian Federation. Analysis of the current legislation on prosecution in the Russian Federation
(fi rst of all, of the Federal Law “On Prosecution in the Russian Federation” of January 17, 1992 with the later amendments
and additions) allows one to refer to eight functions of this law-enforcement body: supervision over compliance with the
law, criminal prosecution, coordination of the activities of law-enforcement bodies in the sphere of fi ghting crime; participation
of prosecutor in adjudication; participation in the law-making activities; international cooperation; participation of
prosecutors in the hearings of the legislative (representative) and executive bodies of the constituent subjects of the Russian
Federation, and municipal bodies. In order to achieve brevity one may refer to the function as participation of prosecutors
(and other prosecution personnel) in the hearings of the state government bodies; examination and resolution by the
prosecution staff of claims and other addresses of the people. The purpose of the Prosecution in the Russian Federation
is to implement supervision over the uniform implementation of the legislation in the territory of the Russian Federation.
Keywords:
prosecutor supervision, prosecution law, Russian Federation, functions of the prosecution, form of international cooperation, international treaty, normative legal acts, international cooperation of prosecution, law-making activity, legislation.
Reference:
Kostenko, N.I..
Problems of implementation
in international criminal law
// International Law and International Organizations.
2014. № 1.
P. 43-63.
DOI: 10.7256/2454-0633.2014.1.64076 URL: https://en.nbpublish.com/library_read_article.php?id=64076
Abstract:
The article concerns the means of implementation of international legal norms. The author provides
analysis of the doctrinal points of view on this issue, analyzing the gap in law regarding transformation of
international treaties regulating specific international crimes, which are not included into the criminal law of
the states. At the same time, the author analyzes two leading points of view: dualistic and two monopolistic ones
regarding correlation of international and national law in the sphere of fighting crime. The author provides a
principal evaluation of the jurisdiction of the International Tribunals for Former Yugoslavia and Rwanda and
the International Criminal Court. The author analyzes temporal and territorial application of international
treaties on fighting international crime within the framework of globalization. The methodological basis for this
work is formed by the dialectic cognition method with the application of principles of development, integrity
and systemic character. The article applied general and special legal methods: comparative, systemic structural
and theoretical methodological. The article provides further development of the theoretical bases for fighting
international crimes (conventional crimes). Till currently there were no sufficient attempts to study this issue in
the Russian science of international criminal law. The author offers to divide international crimes (conventional
crimes) into five groups, which shall form special part of the international criminal law. The list of groups and
elements of crimes may be widened, transformed and incorporated into the national criminal codes.
Keywords:
treaties, implementation, transformation, ratification, incorporation, jurisdiction, delimitation, economic zone, continental shelf, commercial bribery.
Reference:
Opryshko, A.N..
Excluding use of narcotic substances
and performance enhancing drugs (doping)
in international sports movement
// International Law and International Organizations.
2014. № 1.
P. 64-79.
DOI: 10.7256/2454-0633.2014.1.64077 URL: https://en.nbpublish.com/library_read_article.php?id=64077
Abstract:
The article concerns the issue of use of narcotic and performance enhancing substances (doping) in the international
sports movement. The author states that currently in all continents there are special laboratories providing analysis
of samples for establishing presence of performance enhancing drugs. For a long time the IOC and several international
sports federation remained the only ones among the international sports organizations fighting performance enhancing
drugs in sports. The author discusses the issue of formation of special international and national bodies for fighting use of
performance enhancing drugs. The author also studies the activities of the World Anti-Doping Agency. The author analyzes a
number of facts concerning the use of performance enhancing substances an provides their legal characteristics. The author
uses classical study methods, including comparative legal method, studying a number of international legal documents and
the Russian legislation concerning use of doping in sports. The author considers that there is no grounds for adopting the
legal provisions of the Sports Code of France or the French model of codification of sports legislation as a whole, while it
may be viable to use positive French experience in the process of improvement and codification of the Russian legislation.
Keywords:
international sports movement, doping, narcotic addiction, psychoactive substances, precursors, medications, the Olympic movement, criminal responsibility, sportsman, trainer.
Reference:
Kostenko, N.I..
Role of the United Nations Organization in solving
the problems of justice of transitional period
and support of supremacy of law in conflict
and post-conflict subjects
// International Law and International Organizations.
2013. № 4.
P. 560-571.
DOI: 10.7256/2454-0633.2013.4.63539 URL: https://en.nbpublish.com/library_read_article.php?id=63539
Abstract:
The goal of this article is to draw attention to the key issues regarding the activities of the United
Nations Organization in the sphere of solving the problems of justice of transitional period and support
of supremacy of law in conflict and post-conflict subjects in the last two decades. In order to achieve this
goal the author uses critical and comparative analysis of the legal basis and doctrine in the sphere of
fundamental values, which the international community now faces: reform and support of administering
justice and the principle of supremacy of law. The analysis shows that compliance to lawfulness in the
sphere of support of justice and supremacy of law in the conflict and post-conflict is fundamental for the
guarantees of sustainable peace after resolving a conflict, and also for the efficient protection of human
rights, sustainable economic progress and development. This experience shows that protection of peace both
in the short-term perspective in the post-conflict period and in the long-term perspective are impossible,
unless the population of the states become assured that they can achieve compensation of the harm caused
to them via the legitimate structures for peaceful dispute settlement and fair administration of justice.
Keywords:
problems of justice, support of justice, reform of justice, administration of justice, the principle of supremacy of law, the UN standards, support of the supremacy of law, peace-making operations, justice in the transitional period, the International Criminal Court.
Reference:
Rednikova, T.V..
Protection of the biological variety components
and legal regulation of equal access to benefits from them:
implementation of the provisions
of the Biodiversity Convention
// International Law and International Organizations.
2013. № 4.
P. 572-577.
DOI: 10.7256/2454-0633.2013.4.63540 URL: https://en.nbpublish.com/library_read_article.php?id=63540
Abstract:
The goal of this article is to provide characteristics of the implementation of the main goals of the
Biodiversity Convention, preservation of biodiversity, sustainable use of its components and joint use of benefits
from genetic resources on just and fair basis. The article provides characteristic features of the key measures
in the national legislation, which are aimed to achieve these goals. Special attention is paid to the problem of
implementation of the goal of provision of equal access to genetic resources and fair distribution of benefits
from them. The author provides an overview of the provision of the Nagoya Protocol to the Convention, which
is fully devoted to the legal regulation of the above-mentioned problem. One of its novelties includes detailed
provisions on the possible benefits from exploitation of genetic resources. The author provides characteristics
of the Russian Federation being the state with vast natural resources, including diverse animals and plants,
which allows to treat it as a state providing genetic resources. At the same time in order to develop science and
the modern production technologies it is necessary to use genetic resources from other regions of the planet.
The author substantiates the need for the Russian Federation to join the Nagoya Protocol.
Keywords:
environmental law, biodiversity, genetic resources, guarantees of access, fair distribution, convention, protocol, benefits, natural resources, sustainable development.
Reference:
Kudelkin, N.S..
Definition of “pollution of marine environment”
in Russian and international law
// International Law and International Organizations.
2013. № 4.
P. 578-582.
DOI: 10.7256/2454-0633.2013.4.63541 URL: https://en.nbpublish.com/library_read_article.php?id=63541
Abstract:
The article concerns the definition of “pollution of marine environment”, which is extremely
topical for the modern law, since the threshold of protection of the World ocean to a considerable extend
depends on its elements. The author characterizes this term from the standpoints of natural sciences and
jurisprudence. He studies definitions of this term in international and Russian law (including international
treaties and Federal Laws of the Russian Federation). The author then analyzes the position of Russian
and foreign legal scholars and environmental specialists on this issue. The author used general and specific
scientific cognition methods, including logical, systemic and structural analysis, comparative legal
studies, analysis and synthesis, formal legal approach, etc. The article includes an interdisciplinary study
of the definition of “pollution of marine environment” in Russian and international law, and he provides
propositions for its improvement, especially concerning widening the scope of this term in part of types
and methods of committing “pollution of marine environment”.
Keywords:
marine environment, pollution, definition apparatus, environmental protection, the World ocean, pollution agent, environment, dump, disposal, invasion.
Reference:
Zenkovich, D.I..
Competence of international commercial arbitration
in Russia and in Poland: specific features of legal
regulation
// International Law and International Organizations.
2013. № 3.
P. 379-393.
DOI: 10.7256/2454-0633.2013.3.63246 URL: https://en.nbpublish.com/library_read_article.php?id=63246
Abstract:
The article is devoted to the comparative analysis of legal regulation of competence of international
commercial arbitration in Russia and in Poland. The article provides for the common patterns and existing differences
in regulation of the competence of an international commercial arbitration in these two states. Much
attention is paid to the existing gaps in legal regulation of the competence of international commercial arbitration.
The article points out the key problems, appearing in the process of implementation of the competence of an
international commercial arbitration, which are also due to historic specificities of the arbitration development
in Russia and in Poland. Special attention is paid to the analysis of the “competence-competence” doctrine in
both states, interpretation of subjective and objective arbitrability, procedure of injunctions in international commercial
arbitration and a number of other issues. The article also contains brief analysis of the latest tendencies
in the development of international commercial arbitration in Russia due to the recognition of the arbitrability of
the proprietary disputes and upcoming amendments into the Law “On International Commercial Arbitration”.
Keywords:
international law, arbitration, arbitration tribunal, arbitration hearing, injunction, arbitrability, ICAC, competence, arbitration clause, Poland.
Reference:
Kalamkaryan, R.A..
Russia within an universal global legal framework
// International Law and International Organizations.
2013. № 3.
P. 394-407.
DOI: 10.7256/2454-0633.2013.3.63247 URL: https://en.nbpublish.com/library_read_article.php?id=63247
Abstract:
The article concerns the value of participation of Russia in the universal global legal framework
from a legal point of view. The author evaluates the role of Russia as a member of the Security
Council of the UN. He evaluates the activities of judicial bodies, implementation of legal norms within
the legal system of the Russian Federation. It is stated that Russia has accepted treaty-based international
obligations based on the Rule of Law principle, and the states should conform to them in good
faith notwithstanding their implementation into the national legal order. The author studies various
quality characteristics of the International Court of Justice, it is compared with the national judicial
bodies. The author studies the definitions of lawfulness and universal legal order, he provides for the
key elements and characteristic features of the universal legal order.
Keywords:
international law, universal global legal framework, good-faith principle, rule of law, international court, implementation, domestic legal order, international legal order, Russia, national.
Reference:
Garipov, R.Sh..
The term “indigenous people” and status of indigenous
people in international and domestic law
// International Law and International Organizations.
2013. № 3.
P. 408-420.
DOI: 10.7256/2454-0633.2013.3.63248 URL: https://en.nbpublish.com/library_read_article.php?id=63248
Abstract:
The article contains detailed analysis of all existing conceptual definitions of «indigenous
people», as available today in international law. The article includes detailed analysis of the basic
attributes of indigenous peoples according to the works of Russian and foreign scientists. The author
also turns to the domestic legislation of the USA, Canada and Russia regarding definitions of
indigenous peoples in these states and their correlation with national minorities.
Keywords:
jurisprudence, indigenous peoples, indigenous small-numbered people of Russia, aboriginal, indigenous, autochthonic population, American Indians, fist nations, national minorities.
Reference:
Smirnova, E.S..
Some issues regarding implementation of the international human rights norms in the sphere of
production and consumption of services: history and modern situation.
// International Law and International Organizations.
2013. № 2.
P. 233-245.
DOI: 10.7256/2454-0633.2013.2.62780 URL: https://en.nbpublish.com/library_read_article.php?id=62780
Abstract:
The problems regarding implementation of the international legal norms in the sphere of
protection of human rights of a customer have great global value in the condition of high level of economic
cooperation. The author shows the perspectives of cooperation of the international organizations of states
and regions in this sphere. Russia develops its legislation in accordance with the norms of international
law, and the Eurasian states have perspectives for the consolidated resolution of these problems, which
should be successful.
Keywords:
international law, security, state, population, economics, services, goods, consumption, turnover of goods, prices.
Reference:
Razumov, Y.A..
The place of international legal norms in the legal system of the Russian Federation.
// International Law and International Organizations.
2013. № 2.
P. 246-250.
DOI: 10.7256/2454-0633.2013.2.62781 URL: https://en.nbpublish.com/library_read_article.php?id=62781
Abstract:
The article is devoted to the role and place of norms of international law within the Russian legal
system. Much attention is paid to the levels and orders of legal regulation in the sphere of application of
international law. The author analyzed the views of legal scholars on this issue, and he made some conclusions
on correlation between international and national legal norms. The novelty of this article was in separating
international and national norms into orders. The goal was to provide detailed evaluation of international
and national law.
Keywords:
international law, place, role, norms of law, domestic law, Russian Federation, legal system, sources of law, transformation, principles of law.
Reference:
Fatmir Tartale, Gerti Tartale.
Historical development of the оrganization of the criminal justice system in Albania and its European
integration.
// International Law and International Organizations.
2013. № 1.
P. 110-122.
DOI: 10.7256/2454-0633.2013.1.62416 URL: https://en.nbpublish.com/library_read_article.php?id=62416
Abstract:
As the authors point out, the study and analysis of the legal system in Albania in its entirety and in particular
the criminal one is important in the fight against crime in general and against organized crime in particular,
to protect the people and guarantee them the right to a better and more peaceful life. It is beneficial in
terms of doctrine but also practice, being the backbone of democracy and the rule of law. In the context of
its historical development, during these hundred years in Albania there have been judicial institutions that
responded to different developments, according to state formations, from antiquity up to the fourth century in
Illyria, to the present, when foreign and Albanian legislations have been implemented. The article concerns
organization of system of criminal justice in Albania since 1912 to the current time, as well as the changes
towards the European integration and the judicial reforms.
Keywords:
jurisprudence, law, Albania, criminal law, crime, court, rule of law, integration.
Reference:
Razumov, Y.A..
Means and methods of national legal implementation in the legislation of the Russian Federation.
// International Law and International Organizations.
2013. № 1.
P. 123-129.
DOI: 10.7256/2454-0633.2013.1.62417 URL: https://en.nbpublish.com/library_read_article.php?id=62417
Abstract:
The author provides general analysis on an issue of basic elements of the national legal implementation process.
The author considers existing means and methods of national legal implementation into the legislation
of the Russian Federation in detail and discusses their differences.
Keywords:
international law, domestic law, implementation, legislation, means and methods of national and legal implementation.
Reference:
Nikiforov, A.A..
The effect of international treaties in the sphere of environmental protection in the national law
of the North European states.
// International Law and International Organizations.
2013. № 1.
P. 130-140.
DOI: 10.7256/2454-0633.2013.1.62418 URL: https://en.nbpublish.com/library_read_article.php?id=62418
Abstract:
The article is devoted to the means of normative implementation of international environmental obligations
within the national legal systems of Norway, Finland and Sweden. The author views the influence
of the international and European environmental law on the legislation of the Scandinavian states. The
article includes analysis of procedural and material issues regarding implementation of the international
environmental legal norms in the national legislation of the states in question. It is stated, that
the formation of international cooperation within a region is rather simple even for such a sphere, as
the environmental protection is. It is also noted that international legal environmental protection within
the framework of the international treaties of the Scandinavian states has supranational character. The
author analyzes the interaction of the European law and the international law, taking the interaction of
the European environmental law and the international legal obligations of the Scandinavian states as
an example.
Keywords:
international law, European law, national legislation, environment, implementation, ratification, international legal obligations, codification, Scandinavian states, environmental law.
Reference:
Khagush, H.H..
Role of international bilateral treaties in the sphere of regulation of military technical cooperation
between the Russian Federation and the foreign states.
// International Law and International Organizations.
2012. № 2.
P. 124-132.
DOI: 10.7256/2454-0633.2012.2.59520 URL: https://en.nbpublish.com/library_read_article.php?id=59520
Abstract:
Currently the states and other subjects of military technical cooperation should be guided by the general principles
of international law, as well as by specifi c principles, rules and norms, as enshrined in the bilateral and multilateral
treaties among the states. The military technical cooperation of the Russian Federation with the foreign states is regulated
by the international bilateral treaties, which establish special legal bases for the relations among the states in
the sphere of military and technical cooperation.
Keywords:
international law, military and technical cooperation, principles of international law, norms of international law, international economic law, regional security, treaty on military and technical cooperation, production of weapons, production of military machinery, development of defense industry.
Reference:
Oganesyan, V.A..
Decisions of international courts on human rights as a specifi c source for the development
and abidance of the principles of criminal justice.
// International Law and International Organizations.
2012. № 1.
P. 65-71.
DOI: 10.7256/2454-0633.2012.1.59265 URL: https://en.nbpublish.com/library_read_article.php?id=59265
Abstract:
This article concerns the impact of decisions of international courts of human rights on law-enforcement process
of the national judiciary and improvement and humanization of the relevant legislations of Member-States.
Keywords:
International courts, case-law, application, rule of law, legislation, criminal case, justice, decision, victim, guarantee.
Reference:
Korotkiy, T.R., Sazhienko, N.V..
The national implementation of the Framework Convention of the
WTO on Tobacco Control of 2003: the Ukrainian experience.
// International Law and International Organizations.
2012. № 1.
P. 72-90.
DOI: 10.7256/2454-0633.2012.1.59266 URL: https://en.nbpublish.com/library_read_article.php?id=59266
Abstract:
The article is devoted to the WTO Framework Convention on Tobacco Control, which became the fi rst international
convention under the auspices of the WTO. The goal of this article is the complex analysis of
implementation of its provisions in Ukraine.
Keywords:
international law, domestic law, national law, convention, the WTO, fi ght against tobacco, implementation, Ukraine.
Reference:
Yastrebova, A.Y..
The international legal regulation of migration: evolution, bases, immigration
priorities of the Russian Federation and the EU states.
// International Law and International Organizations.
2012. № 1.
P. 91-99.
DOI: 10.7256/2454-0633.2012.1.59267 URL: https://en.nbpublish.com/library_read_article.php?id=59267
Abstract:
The natural human rights, which are enshrined in the International Pact on Civil and Political Rights are
closely related to the freedom of movement and migration. The social and legal integration of migrants is
much more successful in the accepting state, when the international mechanisms of humanitarian cooperation
among the states are involved. The dominating factor is the support of global migration programs and
the individual procedures of the international non-governmental organizations, such as the UN. The article
is related to the international legal aspects of migration, historically formed principles of protection of migrants,
modern priorities of the EU states and the Russian Federation in this sphere.
Keywords:
international law, the European law, fugitives, persons in search of refuge, international mechanisms, protection, immigration, legislation, migrant workers, forms of implementation, agreements among the states.
Reference:
Smbatyan, A.S..
The judicial bodies within the system of international relations.
// International Law and International Organizations.
2011. № 4.
P. 131-136.
DOI: 10.7256/2454-0633.2011.4.58887 URL: https://en.nbpublish.com/library_read_article.php?id=58887
Abstract:
The value of the decisions of the international judicial bodies goes beyond the limits of the regulation of the particular disputes. International courts and arbitrations successfully solve such issues as guarantees of unity of international legal regimes, strengthening the authority of the international organizations, to which these bodies belong, and the direct influence on the formation of the new branches of international law.
Keywords:
international law, justice, court, precedent, development, judicial procedure, application of law, interpretation, treaty law, the WTO.
Reference:
Kalamkaryan, R.A..
Implementation of the norms of international law in the legal system of the
Russian Federation as an administrative legal process of law-enforcement practice of a state.
// International Law and International Organizations.
2011. № 3.
P. 100-110.
DOI: 10.7256/2454-0633.2011.3.58563 URL: https://en.nbpublish.com/library_read_article.php?id=58563
Abstract:
The article is devoted to the nature of the institution of implementation of norms of international law in the
legal system of the Russian Federation as an administrative legal process of law-enforcement practice of
the state.
Keywords:
international law, institution of implementation, norms of international law, legal system of the Russian Federation, administrative legal process.
Reference:
Kazakova, Y.A..
Legal problems of organization of international cultural cooperation of the Russian
Federation
// International Law and International Organizations.
2011. № 3.
P. 111-119.
DOI: 10.7256/2454-0633.2011.3.58564 URL: https://en.nbpublish.com/library_read_article.php?id=58564
Abstract:
The article is devoted to the problem of improvement of the organization of international cooperation of
the Russian Federation in the sphere of culture. Much attention is paid to the analysis of legal instruments
of regulation of international cultural cooperation, which is relatd to the various directions of modern
international cultural processes. The author studies implementation of balance between the national
legislation and international acts, regulating the issues of international cultural cooperation. However, from a
point of view of practical implementation, there is a large number of violations of international norms, which
leads to problems in the sphere of effi cient management of organization of international cultural cooperation.
The author expresses an opinion that existing Russian legislation should be brought into accord with the
ratifi ed international requirements. And it’s only in this case, and if there is also a unifi ed mechanism of
management of international cultural cooperation, there will be favorable conditions for integration of the
culture of the Russian Federation into the international cultural process.
Keywords:
international law, international organizations, international cooperation, culture, objects of cultural heritage, management, cultural process, UNESCO.
Reference:
Laletina, A.S..
Trans-border pipelines on the territory of Turkmenistan: legal aspects
// International Law and International Organizations.
2011. № 3.
P. 120-127.
DOI: 10.7256/2454-0633.2011.3.58565 URL: https://en.nbpublish.com/library_read_article.php?id=58565
Abstract:
This articles analyses political and legal aspects of gas pipelines - built and under design - within the territory
of Turkmenistan and Turkmen sector of the Caspian Sea. The background of the foreign investments to the
transportation system of Turkmenistan and construction of the cross border pipelines on its territory are
summarized there. The author comes to the conclusion that the Turkmen legislation has chosen the way of
unifi ed laws with respect to the pipeline transport, when the real and obligation aspects of the legal regulation
for the pipeline are contained in one statutory act.
Keywords:
Turkmenistan, legislation, gas pipelines, pipelines, international law, Caspian Sea, UN Convention on the Law of the Sea, Energy Charter Treaty.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
© 1998 – 2024 Nota Bene. Publishing Technologies. NB-Media Ltd.
