Procedure for concluding an international treaty. International cooperation Implementation in the Russian Federation of acts of bodies of international organizations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Information about changes:

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

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

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

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

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

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

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

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

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

15. Federal Security Service of the Russian Federation

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

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

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

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

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

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

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

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

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

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

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

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

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

Information about changes:

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

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

Information about changes:

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

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

Information about changes:

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

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

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

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

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

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

18. federal Service of state statistics, together with the Ministry of Industry and Trade of the Russian Federation and other interested federal executive bodies, collects information on the production, processing and consumption of chemicals included in 3) approves hygienic standards for maximum permissible concentrations and levels of exposure to harmful chemical and biological factors on the environment ;

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

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

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

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

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

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

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

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

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

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

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

Last updated: July 2017

Cooperation with the competent authorities of foreign states, as well as with international bodies and organizations, is one of the priorities in the activities of the Prosecutor General's Office of the Russian Federation. To ensure this important direction, in June 2006, by order of the Prosecutor General of the Russian Federation, instead of the International Legal Department, the Main Department of International Legal Cooperation was created, which included the Department of Extradition, the Department of Legal Assistance and the Department of International Law.

In order to increase the effectiveness of cooperation with the competent authorities of foreign states on cases in progress central offices investigative bodies, as well as for cases that received great public outcry, in September 2010, as part of the Main Directorate of International Legal Cooperation, a department of international cooperation on especially important cases (on the rights of management) was created. In March 2011, a department of legal assistance and cross-border cooperation with states was established in the legal assistance department of the Main Directorate for International Legal Cooperation East Asia(with deployment in Khabarovsk).

Today, the most important place in international activities The Prosecutor General's Office of the Russian Federation is concerned with issues of interaction with foreign partners in the field of criminal justice. These are the issues of extradition and provision of legal assistance in criminal cases, including in the field of return from abroad of property obtained as a result of crimes.

In accordance with international treaties and Russian legislation, the Prosecutor General's Office of the Russian Federation is the competent authority of the Russian Federation for extradition and legal assistance in criminal cases.

In particular, by Decrees of the President of the Russian Federation (No. 1362 dated October 26, 2004, No. 1799 and 1800 dated December 18, 2008, No. 180 dated February 13, 2012), the Prosecutor General's Office of the Russian Federation is designated as the central body for the implementation of the provisions on cooperation on matters of extradition and legal assistance in criminal matters contained, respectively, in the UN Convention against Transnational Organized Crime of November 15, 2000, the UN Convention against Corruption of October 31, 2003, the Council of Europe Criminal Law Convention on Corruption of January 27 1999 and the Organization for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of November 21, 1997.

Currently, the Prosecutor General's Office of the Russian Federation cooperates in the field of criminal proceedings with partners from more than 80 countries of the world. Such interaction is carried out on the basis of international treaties or the principle of reciprocity, enshrined in Articles 453, 457, 460, 462 of the Code of Criminal Procedure of the Russian Federation.

The General Prosecutor's Office of the Russian Federation is the only competent body of the Russian Federation that sends to foreign states extradition requests persons in order to bring them to criminal responsibility or enforce sentences, and also decides on foreign requests for the extradition of persons from the Russian Federation.

Russia has special bilateral and multilateral international treaties regulating issues extradition, with almost 80 states (see the list of these treaties in the section "Basic Documents"). In particular, Russia is a party to such multilateral treaties as the European Convention on Extradition of 1957 with three additional protocols thereto of 1975 and 1978 and 2012, as well as the Convention on Legal Assistance and Legal Relations in Civil, Family and criminal cases of 1993 with the Protocol to it of 1997

The Russian Federation has special bilateral and multilateral agreements on legal assistance in criminal matters with more than 80 states (see the list of these treaties in the section "Basic Documents"). Thus, Russia participates in a number of multilateral treaties in this area: the European Convention on Mutual Assistance in Criminal Matters of 1959 and its Additional Protocol of 1978, the European Convention on the Transfer of Criminal Proceedings of 1972, as well as the Convention concluded within the framework of the CIS on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, 1993, with its Protocol of 1997

Cooperation between the Prosecutor General's Office of Russia and the competent authorities of foreign states in matters of extradition and legal assistance has been developing quite actively in recent years.

The scale of this cooperation is evidenced by the fact that annually the Prosecutor General's Office of the Russian Federation considers more than 10 thousand materials on extradition, legal assistance in criminal cases, search and other issues within the competence of the Prosecutor General's Office of the Russian Federation in the field of criminal proceedings.

The most effective cooperation develops with the competent authorities of Belarus, Kazakhstan, Uzbekistan, Germany, Spain, Serbia, Switzerland.

Every year, the Prosecutor General's Office of the Russian Federation sends about 400 extradition requests to the competent authorities of foreign states, and more than 1,500 similar foreign requests are considered.

The geography of cooperation in the field of extradition is expanding. Increasingly, criminals are trying to escape justice in states with which Russia has no extradition treaties. However, in recent years, with some of these countries (in particular, with Chile, Ghana, Cambodia, Paraguay, the United United Arab Emirates, Thailand) successfully resolved the issues of transferring wanted persons to Russia.

Every year, the Prosecutor General's Office of the Russian Federation considers more than 6,000 requests for legal assistance in criminal cases, both those received from abroad and Russian ones intended for sending to foreign states.

The institute of transfer of criminal proceedings is effectively used. Petitions are sent to the competent authorities of foreign states for the implementation of criminal prosecution of foreign citizens who have committed crimes on the territory of Russia, and petitions of foreign states for the implementation of criminal prosecution are also considered Russian citizens who have committed crimes abroad.

One of the important activities of the General Prosecutor's Office of Russia is cooperation with foreign colleagues in matters of search, arrest, confiscation and return of stolen property from abroad.

Thanks to cooperation with foreign colleagues from Switzerland alone, over the past few years, over 110 million dollars have been returned to Russian companies. United States arrested on behalf of the Russian Prosecutor General's Office.

To date, at the request of the General Prosecutor's Office of Russia, the funds of the attackers in the total amount of about 250 million euros and real estate in the amount of about 300 million euros have been arrested and blocked abroad.

In May 2011, Chapter 29-1 was introduced into the Code of Administrative Offenses of the Russian Federation, which regulates international legal cooperation in cases of administrative offenses. At the same time, the Prosecutor General's Office of Russia has been identified as one of the competent authorities for the provision of legal assistance in such cases.

In addition, the General Prosecutor's Office of the Russian Federation is the competent authority under the Commonwealth of Independent States (CIS) Convention on the Transfer of Persons with Mental Disorders for Compulsory Treatment (1997).

In recent years, in cooperation with the Ministry of Justice of Russia and the Ministry of Foreign Affairs of Russia, a lot of work has been carried out to develop the legal framework for our country's participation in international cooperation in the field of criminal justice, as well as to implement the provisions of international treaties in Russian legislation.

Representatives of the Prosecutor General's Office of the Russian Federation take an active part in the development of draft treaties on extradition and legal assistance in criminal cases, incl. within international organizations.

In particular, one of the Deputy Heads of the Main Department for International Legal Cooperation of the General Prosecutor's Office of the Russian Federation has been successfully representing Russian interests in the Committee of Experts of the Council of Europe on the operation of European conventions on cooperation in criminal matters for more than 20 years, actively contributing to the implementation of the Russian initiative to modernize such conventions, in including in matters of speeding up and simplifying extradition procedures.

On an ongoing basis, work is being done to strengthen the legal framework for interdepartmental cooperation. In particular, within the framework of the CIS, the following were signed:

Agreement on Cooperation between the General Prosecutor's Offices (Prosecutor's Offices) of the Member States of the Commonwealth of Independent States in the fight against corruption dated April 25, 2007;

Agreement on Cooperation between the Prosecutor General's Offices of the Member States of the Commonwealth of Independent States in the fight against trafficking in human beings, human organs and tissues dated December 3, 2009

In general, today the Prosecutor General's Office of the Russian Federation has 5 multilateral and 80 bilateral interdepartmental agreements and other agreements on cooperation with partners from 66 foreign countries. Over the past 5 years, 28 such agreements have been signed.

Since 2007, on the basis of agreements with the competent authorities of foreign states, cooperation programs have been developed and signed. Programs are accepted for 1-2 years and provide for the exchange of experience and the establishment of practical interaction on topical issues of mutual interest. During this time, 48 programs have been signed with partners from 28 foreign countries, 40 cooperation programs have been implemented, more than 130 events envisaged by them have been held: consultations, meetings, seminars and round tables.

Currently, 7 programs of interdepartmental cooperation are being implemented: with the prosecution or justice authorities of Abkhazia, Armenia, Bahrain, Hungary, China, Cuba, Finland.

Particularly close relations have developed between the Prosecutor General's Office of Russia and their Belarusian counterparts. On May 15, 2008, the Joint Board of the Prosecutor General's Office of the Russian Federation and the Prosecutor General's Office of the Republic of Belarus was established, which coordinates the activities of the prosecutor's offices of the two countries in the areas of ensuring law and order, protecting human and civil rights and freedoms, and fighting crime.

Representatives of the Prosecutor General's Office of the Russian Federation participate in the activities of various international bodies and organizations, including the relevant structures of the UN, Interpol, the CIS, the Council of Europe, Shanghai Organization cooperation (SCO), as well as the Council of States Baltic Sea.

For example, representatives of the Prosecutor General's Office of the Russian Federation are included in the delegations of the Russian Federation participating in the work of the UN Commission on Narcotic Drugs and the UN Commission on Crime Prevention and Criminal Justice, as well as in international events held under the UN Convention against Corruption. The participation of Russian prosecutors in the activities of the UN Office on Drugs and Crime, the UN Security Council Counter-Terrorism Committee, as well as in conferences of the participants of the UN Convention against Transnational Organized Crime is ensured.

At the meeting of the Prosecutor General of the Russian Federation Chaika Yu.Ya. On June 22, 2017, in Moscow, with the Secretary General of Interpol, Mr. Y. Shtok, the issues of organizing an effective search through the channels of Interpol for persons accused of committing crimes in Russia were discussed.

The interaction of the Prosecutor's Office of the Russian Federation in the areas of ensuring the rule of law, protecting human rights and freedoms, combating crime with partners from the CIS countries is carried out within the framework of the Coordinating Council of Prosecutors General of the CIS Member States (CCGP).

Since the establishment of the KSGP in December 1995, the General Prosecutor of the Russian Federation has been its permanent chairman. The Scientific and Methodological Center of the KSGP operates on the basis of the Academy of the General Prosecutor's Office of the Russian Federation.

The most important issues are brought to the annual meetings of the CCSG. In particular, information is traditionally heard on the state of protection of the rights of citizens, especially those outside their state on the territories of the CIS member states, as well as on the practice of implementing interstate programs and international treaties of the CIS member states in the field of combating crime. There is an exchange of information on the best practices of prosecutorial activity in various fields.

The 27th meeting of the CCGC will be held in St. Petersburg in November 2017. Previously, CCGC meetings were held in Russia 8 times, including in Moscow on September 5, 2010 and St. Petersburg on May 15, 2012.

The 15th meeting of the Prosecutors General of the SCO member states will be timed to coincide with the 27th meeting of the CCGP. The decision to establish a mechanism for regular meetings of the Prosecutors General of the SCO member states was taken during the meeting of the Prosecutors General of the SCO member states held on October 31 - November 2, 2002 in Shanghai (PRC).

Over the 15 years of the existence of this format of cooperation, many decisions have been made that have contributed to the improvement of prosecutorial cooperation within the SCO, primarily anti-terrorist cooperation, the consolidation of the efforts of prosecutors in the fight against organized forms of crime, as well as in the protection of human rights and freedoms. In Russia, meetings of the Prosecutors General of the SCO member states were held twice (Moscow, November 24, 2005 and April 13, 2009).

The issue of the growing role of prosecutors in the fight against terrorism was discussed at the 14th meeting of the Prosecutors General of the SCO member states (People's Republic of China, Sanya, November 30, 2016).

The third meeting will be held in September 2017 in Russia (Kazan) Interstate Council on Combating Corruption (Interstate Council), an agreement on the establishment of which was adopted at a meeting of the Council of Heads of State of the CIS on September 25, 2013. In accordance with the Decree of the President of the Russian Federation of February 21, 2014 No. 104, the Prosecutor General of the Russian Federation is a member of the Interstate Council from Russia.

The interaction between the prosecutor's offices of the member states is being strengthened. international association BRICS (Brazil, India, Russia, China, South Africa). The General Prosecutor's Office of the Russian Federation organized the first meeting of the heads of the prosecutorial services of the BRICS states (Sochi, November 10, 2015), the participants of which agreed to establish prosecutorial cooperation in the association, primarily in order to prevent international terrorism, counter the global drug threat and corruption, as well as approved the Concept of Cooperation between the Prosecutor's Offices of the BRICS States.

The second meeting of the heads of the prosecution services of the BRICS states took place on December 1, 2016 in Sanya (Hainan Province, China). During this event, issues of cooperation in the field of combating corruption were discussed.

Representatives of the General Prosecutor’s Office of the Russian Federation also participated in the meetings of senior officials of the BRICS on issues of anti-corruption cooperation (St. working group BRICS. They also took part in the meetings of this group (Beijing, January 26-27, 2016, Berlin, January 22-26, 2017, Brasilia, March 14, 2017) In 2017, the main items on the agenda of the BRICS Anti-Corruption Working Group are issues related to the rapidly growing problem of the return of assets obtained as a result of acts of corruption.

At the third meeting of the heads of the prosecutorial services of the BRICS states, scheduled to be held in Brasilia from August 23 to 24 this year, it is planned to discuss issues of combating cybercrime and crimes against the environment.

Representatives of the Prosecutor General's Office of the Russian Federation are actively involved in the work of the Consultative Council of European Prosecutors (CCEP), established in 2005, which is an advisory body of the Committee of Ministers of the Council of Europe, the main body of this organization that unites 47 states of the old continent. The CCEP adopted 11 opinions on various aspects of prosecutorial activity, in the development of which Russian prosecutors actively participated.

For example, on the Russian initiative in October 2008, the CCEP conclusion No. 3 “On the role of the prosecutor's office outside the criminal law sphere” was adopted. The basis for the preparation of the conclusion of the CCEP No. 3 was the final document of the Conference of Prosecutors General European countries held on this topic by the General Prosecutor's Office of the Russian Federation jointly with the Council of Europe on July 1-3, 2008 in St. Petersburg. During this conference, foreign colleagues highly appreciated the experience of the Russian prosecutor's office in protecting human rights and freedoms and public interests outside the criminal law sphere.

As a follow-up to CCEP Conclusion No. 3, in September 2012, with the active participation of representatives of the General Prosecutor's Office of the Russian Federation, the recommendation of the Committee of Ministers of the Council of Europe (2012)11 to member states on the role of prosecutors outside the criminal justice system was adopted.

The Academy of the General Prosecutor's Office of the Russian Federation is a member of the Lisbon Network established within the framework of the Council of Europe for the exchange of information on the training of prosecutors and judges.

Delegations of the Prosecutor General's Office of the Russian Federation take an active part in the meetings of the Prosecutors General of the member states of the Council of the Baltic Sea States. In September 2017, the 17th Meeting of Prosecutors General of the Member States of the Council of the Baltic Sea States is planned to be held in Kaliningrad.

The Russian prosecutor's office has a high international prestige, which is evidenced by the fact that its representatives have been elected to the governing and working bodies of a number of authoritative international organizations, incl. Council of Europe, International Association of Prosecutors and International Association of Anti-Corruption Authorities.

In 2011, the Deputy Head of the Directorate for Supervision of Enforcement of Anti-Corruption Legislation of the General Prosecutor's Office of the Russian Federation became a member of the Bureau of the Group of States against Corruption (GRECO). Since November 2013, the heads of this department have been elected to the Executive Committee of the International Association of Anti-Corruption Authorities, established in 2006.

In November 2016 at the 85th session General Assembly Interpol, a representative of the General Prosecutor's Office of the Russian Federation, based on the results of a secret ballot, was elected a member of the Commission for Control over Interpol Files and the Procedure for Interpolation Through Interpol Channels in the Field of International Search for Persons.

Close relations link the General Prosecutor's Office of the Russian Federation with such a non-governmental organization as the International Association of Prosecutors (IAP). The Russian prosecutor's office was one of the initiators of its creation in 1995.

The Association has over 2,200 individual members and 170 organizational members (Prosecution Services, National Associations of Prosecutors and a number of anti-crime bodies). Thus, the MAP represents almost 250,000 prosecutors from 173 jurisdictions.

Yu.Ya. Chaika, Prosecutor General of the Russian Federation is a member of the IAP Senate. Representatives of the General Prosecutor's Office of the Russian Federation also take an active part in the work of the Executive Committee of the Association.

In particular, the Prosecutor General's Office of the Russian Federation was awarded the right to host the 18th IAO Annual Conference, which was held in Moscow in September 2013 and was dedicated to the theme "The Prosecutor and the Rule of Law". It was attended by 115 delegations from over 90 States and 16 international bodies and organizations, including 52 Attorney Generals and Directors of National Public Prosecutions.

In November 2015, the 7th regional conference MAP for the states of Central and Eastern Europe, Central Asia, dedicated to the fight against terrorism and violent extremism. It brought together more than 150 representatives of prosecution authorities from 34 states and 9 international bodies and organizations, including the UN, the Council of Europe, the OSCE, the CIS, the SCO and Eurojust.

The strengthening of ties with the competent authorities of foreign states was largely facilitated by efforts aimed at developing interdepartmental cooperation with foreign partners.

In addition to concluding cooperation agreements and programs, the Prosecutor General's Office of the Russian Federation organizes multilateral international events during which the most important issues are discussed. topical issues international prosecutorial cooperation. In particular, on September 13, 2010, in Moscow, at the initiative of the General Prosecutor's Office of the Russian Federation, the first meeting of the heads of departments of the prosecutor's offices of the CIS member states, whose competence includes extradition and legal assistance in criminal cases, was held.

In April 2011, an international conference was held in Pskov on the theme “Combating drug trafficking, including synthetic drugs and their precursors. The effectiveness of international cooperation in this area”.

Issues of cooperation in the field of combating illicit drug trafficking and combating illegal migration were considered at an international conference organized by the General Prosecutor's Office of the Russian Federation and held in Yekaterinburg on August 28-29, 2012.

On September 23-25, 2014, an international seminar was held in Vladivostok with representatives of the competent authorities of a number of states in East and Southeast Asia on issues of increasing the effectiveness of cooperation in the field of criminal justice.

The Baikal International Conference of Prosecutors, held by the General Prosecutor's Office of the Russian Federation in Irkutsk on August 26-27, 2014, was devoted to the topic of cooperation in combating transnational organized crime.

On December 14, 2016, in Moscow, with the participation of representatives of the competent authorities of foreign states and a number of organizations of the international prosecutorial community, the Prosecutor General's Office of the Russian Federation held the Third Open Information Forum on International Legal Cooperation.

Representatives of the international prosecutorial community participated in solemn events on the occasion of the 290th anniversary, as well as the 295th anniversary of the Russian prosecutor's office in January 2017. Representatives of the prosecutor's office and justice from 18 states, as well as the heads of the International Association of Prosecutors and the Executive Secretary of the KSGP, participated in the last anniversary events.

The most important tasks of the Russian prosecutor's office in the near future are to expand and increase the effectiveness of its participation in international legal cooperation, especially in the field of criminal proceedings, improve the contractual and legislative framework, including on issues of search, arrest, confiscation and return from abroad of property received in a criminal way.

General Directorate of International
legal cooperation, July 2017

Containing MP norms:

a) resolutions establishing rules binding on the organs of the organization. These int. the rules form part of the internal law of the organization.
b) acts that become legally binding by virtue of the norms of international. treaties and (or) domestic legislation.

There are two types: intergovernmental and non-governmental international acts. Only intergovernmental acts are the source.

Intergovernmental acts. The statutes of organizations that are the source of IL (an international treaty, because the organization is created by states) fix which bodies have the right to create legally binding norms. There are about 2.5 thousand organizations and many organizations accept legally binding documents.

Organizations issue two types of documents:

1) Internal law of organizations. The charter is not rubber, you can’t write everything in it. In it, you can write only what organs are there and how they interact. And how they work is in separate acts, which the organization issues for itself. For example, the European Court of Human Rights wrote and adopted for itself the rules by which it resolves cases.

2) External law of organizations. External law is designed to be applied by the participating states by their natural and legal persons.

Airplanes fly according to ICAO rules (an international organization), ships fly according to INCOTERMS rules, nuclear power plants fly according to AKOTE rules. There is the Council for Rail Transport - it approves the rules for international rail transportation. There is an international container organization, which container is needed for what, what is needed for them (specialized, large-tonnage ...). There are a whole bunch of documents of international organizations. The same Visa Code is an act of the European Union. Or TK TS. The Customs Code of the Customs Union is an international agreement contained in a document of an international organization (EurAsEC Interstate Council).

Many international organizations issue documents that are higher in legal force (they are stronger than) the national legislation of the member states.

The legal system of the Russian Federation in the light of Part 4 of Art. 15 of the Constitution of the Russian Federation.

In domestic legal science, the problems of the legal system have been actively developed since the mid-1970s. XX century: at the same time, research was and is being conducted mainly within the framework of the general theory of law. The term "legal system" itself is used in domestic science in several meanings. Depending on the context, it can mean:

1) the system of law in terms of its organizational structure (a set of principles of law, industries, sub-sectors, legal institutions, etc.);

2) aggregate legal regulations any state (national legal system or family of legal systems) or MP;

3) a socio-legal phenomenon formed by various elements, among which are called: legal norms; the result of their implementation (legal relationship); legal institutions; legal awareness, etc. On the issue of the content of the legal system understood in this way, several basic approaches have developed.

The constitutional provision (part 4, article 15), according to representatives of the branch of science, allows us to consider "international norms as national ones." Moreover, generally recognized principles and norms of international law and international treaties of Russia are recognized as sources of branch law (constitutional, civil, procedural, etc.). One cannot agree with this. First, the Constitution declares international treaties not part of Russian law, but part of the Russian "legal system". Secondly, international norms cannot, in principle, be part of Russian law. MP and domestic law are different systems of law. MT and national law differ from each other in terms of the range of subjects, sources, method of formation and provision of MT, and other characteristics. Thirdly, the forms of law of one system of law cannot be simultaneously forms of law of another system (GV Ignatenko).

There is no generally accepted definition of the "legal system of the state" in the MP, and this concept itself began to be found in documents only at the very beginning. Lately European Convention on Nationality (Strasbourg, November 6, 1997) (art. 2), but it also gives a simple enumeration of the elements included in the legal system - the constitution, laws, regulations, decrees, case law, customary norms and practice, as well as norms arising from binding international instruments.

Much more attention is paid to the problems of the Russian legal system in the science of international relations. What scientists have in common is the inclusion of IL norms into the legal system of the Russian Federation on one basis or another.

One can say the following:

1. The content of the term "legal system" is not disclosed in federal regulations; they only repeat (with some variations) the constitutional norm. Acts of federal law proceed from the fact that the legal system of the Russian Federation must include the norms of not only national, but also international law, but other elements of it are not named.

2. In the regional legislation, a new concept is introduced into circulation - "the legal system of the subject of the federation", in the definition of which several approaches are distinguished:

a) the legal system of a subject of the Russian Federation includes federal legal acts, regional legislation and agreements, as well as international treaties of the Russian Federation (Charters of the Sverdlovsk Region and the Stavropol Territory);

b) the legal system of a constituent entity of the Russian Federation includes only acts of its authorities and acts of local self-government bodies located on the territory of a given region (Charter of the Irkutsk Region);

c) in some regions, the term "legal system of a subject of the federation" is used without disclosing its content, however, it is stipulated that international norms are also part of it (the Charter of the Voronezh region, the law of the Tyumen region "On international agreements of the Tyumen region and treaties of the Tyumen region with the subjects of the Russian Federation " and etc.).

Thus, in the regional legislation, the "legal system of the subject" is considered as an integral part of the Russian legal system and is understood as a set of legal norms in force in a given territory.

3. With regard to the inclusion in the legal system of legal consciousness, legal relations, law enforcement process, etc. The term "system" implies the unification of single-order phenomena in a single phenomenon. With regard to the term "legal system", we should be talking about the same type of components - the norms of objective law in force in a particular state.

Thus, it is more correct to understand the "legal system of the Russian Federation" as a set of legal norms applied in the Russian Federation. In this case, there are no doubts about the exact interpretation of the constitutional norm.

The wording of Part 4 of Art. 15 of the Constitution should also be considered as a general sanction of the Russian state for the inclusion of the norms of the IL in the system of norms in force in Russia, for the direct application of the IL in the sphere of the implementation of Russian legislation. However, the direct application of international norms in the Russian Federation does not at all mean their inclusion in the norms of Russian law: the norms of international law are not "transformed" into the law of the Russian Federation, but act on their own behalf.

Implementation in the Russian Federation of the norms of international treaties.

The following forms of implementation can be distinguished.

In the shape of compliance prohibitions are enforced. Subjects refrain from committing acts that are prohibited by international law. For example, under the Non-Proliferation Treaty nuclear weapons 1968, some states (possessing nuclear weapons) undertake not to transfer nuclear weapons to other states, not to assist, encourage or induce states to produce or acquire them, and other states (non-nuclear weapons) undertake not to produce, not acquire nuclear weapons or other nuclear explosive devices.

Executioninvolves the vigorous activity of subjects to implement the norms. Execution is typical for norms that provide for specific obligations to perform certain actions. In accordance with the Convention on the Transboundary Effects of Industrial Accidents, 1992, the parties shall take appropriate legislative, regulatory, administrative and financial measures to prevent accidents, ensure preparedness for them and eliminate their consequences.

In the shape of use regulations are implemented. The subjects independently decide on the use of the provided opportunities contained in the norms of international law. For example, the UN Convention on the Law of the Sea enshrines the sovereign rights of a coastal state to explore and develop the natural resources of the continental shelf, and conduct economic activities in the exclusive economic zone.

The implementation process includes two types of activities - legal and organizational support for implementation and direct activities to achieve the result.

The implementation mechanism is a structure of bodies that are entrusted with legal support for the implementation of these norms through the implementation of various types of legal activities - law-making, control and law enforcement. The result of such activity is legal acts, the totality of which in theory is called the legal mechanism for implementation.

The implementation of international law in the sphere of domestic relations is the activity of the subjects of these relations in accordance with the norms of international law.

The obligation of the participants in intrastate relations to be guided in their activities by the norms of international law is fixed by domestic legal acts.

Our legislation contains many regulations, according to which the competent authorities in their activities guided not only by the Constitution, laws and other acts, but also by generally recognized norms of international law and international treaties of the Russian Federation. These are, for example, clause 3 of the Regulations on Immigration Control, clause 3 of the Regulations on the Federal Highway Agency, clause 4 of the Regulations on the Federal Agency for Special Construction.

The international obligations of states are implemented by state bodies, organizations and institutions. They also take measures to ensure the domestic implementation of international legal norms.

The totality of domestic legal acts that ensure the compliance of the activities of subjects of domestic relations with the requirements of international law is domestic regulatory mechanism for implementation.

Legal acts that ensure the implementation of international law on the territory of the state may be different.

IN general acts the fundamental rules relating to the implementation of international law are fixed, the place of international law in the domestic legal system is determined. These are the provisions of Part 4 of Art. 15 of the Constitution of the Russian Federation, part 1 of Art. 5 of the Federal Law "On International Treaties of the Russian Federation", according to which the generally recognized principles and norms of international law and international treaties of the Russian Federation are recognized as an integral part of its legal system.

Most of the acts provide for the traditional formula, if an international treaty establishes other rules, then the rules of the international treaty are applied (Article 1 of the Code of Criminal Procedure of the Russian Federation, Article 1.1 of the Code of Administrative Offenses of the Russian Federation, Article 4 of the RF LC, Article 6 of the RF IC).

A number of acts contain the obligations of state bodies to take measures to comply with the norms of international law or to exercise control over the fulfillment of international obligations (Part 3, Article 21 of the Federal Constitutional Law "On the Government of the Russian Federation").

Legal acts to ensure the implementation of a particular treaty may be adopted both before and after the entry into force of the treaty

National legislation may the competent authorities for the implementation international treaty, the powers of these bodies are specified, the necessary measures for the implementation of international norms are determined, as well as responsibility for failure to comply with the measures envisaged.

Law-enforcement rule-making, control over the implementation of the norms of international law in the sphere of domestic relations, as well as the application of appropriate measures for violation of the norms are carried out by the legislative, executive, judicial bodies of the state.

Under domestic organizational and legal (institutional) mechanism refers to the system of bodies that carry out legal and organizational activities in order to ensure the implementation of international law.

Implementation in the Russian Federation of acts of bodies of international organizations.

As a result of the analysis of the practice of implementing acts of international organizations in Russia, the following picture emerges. The implementation of these documents is carried out by all state bodies; various methods are used.

Domestic implementation of the provisions of the acts of the bodies of organizations is carried out by:

1) legislative authorities of the Russian Federation. So, in accordance with Art. 6 of the Federal Law of July 19, 1998 No. 114-FZ "On Military-Technical Cooperation of the Russian Federation with Foreign States", decisions of the President of the Russian Federation prohibit or restrict the export of military products to individual states in order to ensure the implementation of decisions of the UN Security Council on measures to maintain or restore international peace and security;

2) The President of the Russian Federation (for example, Decree of the President of the Russian Federation of May 5, 2008 No. 682 "On measures to implement UN Security Council Resolution 1803 of March 3, 2008") establishes the following that not only measures have been taken to apply sanctions against Iran, but and changes were made to the Russian legal system;

3) The Government of the Russian Federation (for example, by Decree No. 798 of August 7, 1995 "On measures to implement the documents of the Organization for Security and Cooperation in Europe" Vienna Document 1994 Negotiations on Confidence and Security Building Measures "," Code of Conduct Concerning Military-Political Aspects security" and "Decision on the principles governing non-proliferation"" The Government of the Russian Federation approved measures to ensure the implementation of OSCE documents);

4) federal executive authorities. For example, according to the Regulations on the Procedure for Investigating Accidents with Vessels, approved by Order No. 75 of the Ministry of Transport of Russia dated May 14, 2009, the investigation of accidents with ships is carried out taking into account the requirements of the Code of International Standards and the recommended practice for investigating an accident or incident at sea;

5) the highest courts of the Russian Federation. Thus, the Constitutional Court of the Russian Federation, in particular, has repeatedly motivated its rulings with the provisions of the United Nations Standard Minimum Rules for Non-custodial Measures (December 14, 1990), the Basic Principles Concerning the Role of Lawyers (September 7, 1990).

Implementation in the Russian Federation of generally recognized principles and norms of international law.

Thus, the Constitutional Court of the Russian Federation refers to the universally recognized principles and norms of international law the provisions enshrined in many international treaties. Some of them can be called universally recognized (ILO Convention No. 156 on Equal Treatment and equal opportunities for male and female workers: workers with family responsibilities (Geneva, June 23, 1981), Convention on the Rights of the Child (November 20, 1989)), others do not. Thus, the European states participate in the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (recall that there are about 220 countries in the world). The United States does not participate in the International Covenant on Civil and Political Rights of 1966.

The generally recognized principles and norms of the IL, but in the opinion of the Constitutional Court of the Russian Federation, are also contained in the acts of bodies of international organizations. These include: the Universal Declaration of Human Rights of 1948, the Set of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (December 9, 1988), Procedures for the Effective Implementation of the Basic Principles of the Independence of the Judiciary (May 24, 1989 .), etc. Documents of the UN General Assembly under the UN Charter are advisory in nature.

At the same time, the Constitutional Court of the Russian Federation considers as "generally recognized" the provisions fixed in the documents regional organizations in particular the Council of Europe. Among them: Recommendations No. I (85) 11 of the Committee of Ministers of the Council of Europe on the position of the victim in criminal law and procedure (28 June 1985), Resolution of the Parliamentary Assembly of the Council of Europe No. 1121 on instruments for the participation of citizens in representative democracy(1997), Council of Europe Recommendation No. 1178 on sects and new religious movements (1992). These documents are advisory in nature.

It happens that the Constitutional Court of the Russian Federation refers to documents that have nothing to do with Russia (Resolution of the European Parliament on sects in Europe (February 12, 1996), European Parliament resolution on notaries (January 18, 1994), Customs Code EU (1992)). It is unlikely that in these cases one can speak of "general recognition" of these provisions (there are 27 states in the EU), especially for Russia.

An attempt to define "generally recognized principles and norms" was undertaken by the Supreme Court of the Russian Federation. Decree of the Plenum of the Armed Forces of the Russian Federation of October 10, 2003 No. 5 by "generally recognized principles" the International Law understands the fundamental peremptory norms of international law accepted and recognized by the international community of states as a whole, the deviation from which is inadmissible. The universally recognized principles of international law, in particular, include the principle of universal respect for human rights and the principle of conscientious fulfillment of international obligations.. The "generally recognized norm" of IL should be understood as a rule of conduct accepted and recognized by the international community of states as a whole as legally binding. The content of these principles and norms of international law may be disclosed, in particular, in the documents of the UN and specialized agencies.

Incorrect application by the court of the generally recognized principles and norms of the IL may be the basis for the cancellation or amendment of the judicial act. Incorrect application of the IL norm can take place in cases where the court did not apply the IL norm that is subject to application, or, on the contrary, the court applied the IL norm that was not subject to application, or when the court gave an incorrect interpretation of the IL norm.

IN Russian science also there is no unity on this issue. There are two main approaches to this issue. Some authors (T.N. Neshataeva, V.A. Tolstik) believe that generally recognized principles are the same norms, only they have the highest legal force, deviation from them in the practice of individual states is unacceptable, these are imperative international norms of the nature of jus coqens. Generally recognized principles have greater legal force than generally recognized norms (A. N. Talalaev, B. L. Zimnenko, O. A. Kuznetsova). Other authors (A. M. Amirova, A. V. Zhuravlev, T. S. Osmanov) list the specific norms of individual documents, which, in their opinion, contain generally recognized principles and norms of the IL (Universal Declaration of Human Rights of 1948, European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the International Covenant on Civil and Political Rights of 1966, etc.).

International legal personality of international organizations.

Confirmation of the international legal personality of the member states of an international organization does not prevent the implementation of international legal personality by interstate entities with their participation.

The legal personality of international organizations was confirmed by the opinion of the International Court of Justice in 1980 concerning the interpretation of the Treaty between WHO and Egypt (March 25, 1951): " An international organization is a subject of international law, bound as such by all the obligations arising for it from the general norms of international law, as well as from the constituent act and from the treaties in which this organization participates.".

In some international events and international agreements, parallel participation and international education, and Member States. The participation of an interstate entity in any international treaty does not impose obligations on the member states. It is the interstate entity itself that is obliged, within the framework of its powers, to ensure the implementation of the provisions of the treaty.

The charter of the organization defines the goals of its formation, provides for the creation of a certain organizational structure(acting bodies), their competence is established. The presence of permanent organs of the organization ensures the autonomy of its will; international organizations participate in international communication on their own behalf and not on behalf of their member states. In other words, the organization has its own (albeit non-sovereign) will, different from the will of the member states. At the same time, the legal personality of the organization is functional in nature, i.e. it is limited by statutory goals and objectives. In addition, all international organizations are required to comply with the basic principles of the IL, and the activities of regional international organizations must be consistent with the goals and principles of the UN.

Basic rights of international organizations:

Participate in the creation of international legal norms, including the right to conclude international treaties with states and international organizations;

Participate in international relations by establishing relations with states and international organizations;

Bodies of the organization enjoy certain powers of authority, including the right to make decisions that are binding;

Enjoy the privileges and immunities granted to both the organization and its employees;

Consider disputes between participants, and in some cases with states not participating in this organization;

Apply sanctions in case of violation of international obligations.

Non-governmental international organizations, such as the World Federation of Trade Unions, Amnisty International, etc., are established, as a rule, by legal entities and individuals (groups of individuals) and are public associations"with a foreign element". The statutes of these organizations, unlike the statutes of interstate organizations, are not international treaties. True, non-governmental organizations may have a consultative international legal status in intergovernmental organizations, for example, in the UN and its specialized agencies. Thus, the Inter-Parliamentary Union has the status of the first category in the UN ECOSOC. However, non-governmental organizations do not have the right to create IL rules and, therefore, cannot, unlike intergovernmental organizations, have all the elements of international legal personality.

The status of subjects of the federation in MP.

The Basic Law of the Federal Republic of Germany, for example, provides that the Länder (with the consent of the federal government) may enter into agreements with foreign states. In matters of their own jurisdiction, the lands may conclude state agreements with states bordering Austria or their constituent parts (Article 16 of the Austrian Constitution). Norms of a similar content are enshrined in the law of some other federal states. At present, the lands of the Federal Republic of Germany, the provinces of Canada, the states of the USA, the states of Australia and other entities, which in this regard are recognized as subjects of international relations, are actively participating in international relations.

The international activity of subjects of foreign federations develops in the following main directions: the conclusion of international agreements; opening representative offices in other states; participation in the activities of some international organizations.

The issues of concluding, executing and terminating treaties by states are regulated primarily by the Vienna Convention on the Law of Treaties of 1969, but neither it nor other international documents provide for the possibility of independent conclusion of international treaties by subjects of the federation.

Generally speaking, the MP does not contain a prohibition on establishing contractual relations between states and subjects of federations and subjects among themselves. So, for example, Art. 1 of the European Framework Convention on Transfrontier Cooperation between Territorial Communities and Authorities (Madrid, May 21, 1980) provides for the duty of states to encourage transfrontier cooperation between territorial communities and authorities.

Cross-border cooperation is understood as "any concerted action aimed at strengthening and encouraging relations between neighboring territorial communities and authorities, as well as the conclusion of any agreements and arrangements necessary to achieve the above goals." Cross-border cooperation is carried out within the limits of the powers of the territorial communities and authorities, determined by the internal legislation of the states.

MP "the law of international treaties", it is not enough to be a party to an international agreement. It is also necessary to have the legal capacity to conclude international treaties.

As for the status of subjects of the Russian Federation, as is known, the Constitution of the USSR of 1977 recognized the union republics as subjects of the MP. Ukraine and Belarus were members of the UN, participated in many international treaties. Less active participants in international relations were other union republics, whose constitutions provided for the possibility of concluding international treaties and exchanging missions with foreign states. With the collapse of the Soviet Union, the former Soviet republics acquired full international legal personality, and the problem of their status as independent subjects of the International Relations disappeared.

The subjects of the Russian Federation tried to independently act in international relations, concluded agreements with the subjects of foreign federations and administrative-territorial units, exchanged representations with them and fixed the relevant provisions in their legislation.

The normative acts of some constituent entities of the Russian Federation provide for the possibility of them concluding international treaties on their own behalf. Moreover, in some constituent entities of the Russian Federation, regulations are adopted that regulate the procedure for concluding, executing and terminating contracts, for example, the Law of the Voronezh Region "On Legal Regulations of the Voronezh Region" of 1995 establishes that the authorities state power regions have the right to conclude agreements, which are normative legal acts, with state authorities of the Russian Federation, with subjects of the Russian Federation, with foreign states on issues of their common, mutual interest.

Subjects of the Russian Federation, with the consent of the Government of the Russian Federation, may carry out international and foreign economic relations with state authorities of foreign states. Decree of the Government of the Russian Federation No. 91 dated February 1, 2000 regulates the procedure for the adoption by the Government of the Russian Federation of decisions on consent for the implementation of such relations by the subjects of the Russian Federation.

Currently, the subjects of the Russian Federation do not have all the elements of international legal personality and, therefore, cannot be recognized as subjects of international law.

Forms and types of recognition in MP.

There are two forms of recognition: de facto recognition and de jure recognition.

Confession de facto - this recognition is official, but incomplete. This form is used when they want to pave the way for the establishment of relations between states, or when the state considers de jure recognition to be premature. So, in 1960, the USSR recognized the de facto Provisional Government of the Algerian Republic. As a rule, after some time, de facto recognition is transformed into de jure recognition. Today, de facto recognition is rare.

Confession de jure - recognition is complete and final. It presupposes the establishment of international relations between the subjects of international relations in full and is accompanied, as a rule, by a statement on the official recognition and establishment of diplomatic relations. Thus, by Decree of the President of the Russian Federation of August 26, 2008 No. 1260, the Republic of Abkhazia was recognized by Russia "as a sovereign and independent state." The Russian Foreign Ministry was instructed "to hold talks with the Abkhaz side on establishing diplomatic relations and formalize the agreement reached with appropriate documents."

Ad hoc recognition (recognition for the present case) can be considered as a specific type of recognition. This happens when one state enters into some kind of "one-off" relationship with another state or government (say, the protection of its citizens located in this state) under a policy of official non-recognition. Such actions are not considered recognition.

Sometimes recognition appears in the form of actions that clearly testify to recognition (the so-called "tacit recognition"). Examples would be the establishment of diplomatic relations with a new state, the conclusion of a bilateral treaty, or the continuation of relations with a new government that came to power as a result of a revolution.

However, the fact of participation of non-recognizing subjects of international relations in one treaty or one international organization is not considered as recognition (Article 82 of the Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character (Vienna, March 14, 1975)). For example, according to Art. 9 of the Act of the International Conference on Vietnam (1973), the signing of the Act "does not mean recognition of any Party in the event that this recognition was not previously." Participation in a treaty and representation in an international organization, on the one hand, and recognition, on the other hand, are legal relations governed by different norms of IL.

Types of recognition

Distinguish between the recognition of states and the recognition of governments.

State recognition occurs when a new independent state enters the international arena, which has arisen as a result of a revolution, war, unification or division of states, etc. The main criterion for recognition in this case is the independence of the recognized state and independence in the exercise of state power.

Government recognition occurs, as a rule, simultaneously with the recognition of a new state. However, it is possible to recognize the government without recognizing the state, for example, if the government comes to power in an already recognized state in an unconstitutional way ( civil wars, coups, etc.). The main criterion for the recognition of a new government is its effectiveness, i.e. the actual actual possession of state power in the relevant territory and its independent exercise. In this case, the government is recognized as the sole representative given state in international relations.

A special kind of recognition of governments is the recognition of governments in exile or governments in exile. The practice of their recognition was widespread during World War II. However, the government in exile often loses contact with the respective territory and population and therefore ceases to represent this state in international relations. Currently, the recognition of governments in exile is rarely used.

In the middle of the 20th century, widespread recognition of resistance organs and national liberation movements. This recognition was neither the recognition of the state nor the recognition of the government. Organs of resistance were created within already recognized states, and their powers differed from the traditional powers of governments. As a rule, the recognition of resistance organs preceded the recognition of the government and had the task of representing the people fighting for liberation in international relations, providing them with international protection and the possibility of receiving assistance.

Currently, there is a desire of individual leaders of national separatist movements to obtain the status of resistance bodies, and, accordingly, the rights and benefits arising from this.

Peaceful means as the only legitimate way to resolve international conflicts

International conflicts differ in terms of grounds, forms of manifestation, types, methods of solution and other grounds. There are two main types of international conflicts: dispute and situation.

Dispute - this is a set of mutual claims of subjects of international legal relations on issues related to their rights and interests, interpretation of international treaties, etc.

Under situation is understood as a set of circumstances of a subjective nature that caused debate between the subjects of international legal relations without regard to the specific subject of the dispute.

Thus, in the actual situation there is no dispute yet, but there are prerequisites for its occurrence; a situation is a state of potential dispute.

In accordance with the norms of the IL, and in particular the Charter of the United Nations, and also taking into account the relevant principles of the Final Act of the CSCE, the threat or use of force should not be used to settle disputes between states. They must be resolved by peaceful means in accordance with international law. All states must comply in good faith with their obligations to maintain international peace and security in accordance with the universally recognized principles and norms of international law.

Appropriate dispute resolution procedures are required to implement the principle that all disputes must be resolved exclusively by peaceful means. Such procedures are an essential contribution to the promotion of international peace and security and justice.

International disputes must be resolved on the basis of the sovereign equality of states and taking into account the principle of free choice of means in accordance with international obligations and the principles of justice and international law.

Agreement, whether ad hoc or pre-arranged, between the parties to a dispute on dispute resolution procedures appropriate to the parties concerned and appropriate to the particularities of the dispute is essential to an effective and durable system of amicable dispute settlement.

The implementation of binding decisions issued under the peaceful settlement of disputes procedures is an essential element of any overall structure peaceful settlement of disputes.

Thus, peaceful means of resolving international disputes - this is a set of institutions for the peaceful settlement of international conflicts in accordance with the basic principles of the IL, the norms of the IL and the principle of justice.

The Institute of Peaceful Means of Resolving International Disputes in the MP is an intersectoral one. Its norms are contained in various branches of international law - the law of international security, the law of international organizations, international humanitarian law, etc.

Should disputes nevertheless arise, States shall pay particular attention to preventing the development of the dispute in such a way as to pose a threat to international peace and security. They take appropriate steps to properly manage their disputes until they are settled. To this end, states:

Address disputes at an early stage;

Refrain during the dispute from any action that may worsen the situation and make it more difficult for the peaceful settlement of the dispute or hinder it;

Seek, using all appropriate means, to reach agreements allowing them to maintain good relations between them, including, if appropriate, the adoption of provisional measures that do not prejudice their legal positions in the dispute.

Depending on the degree and form of participation of the disputing parties in making a decision on the merits of the dispute, three groups of peaceful means of resolving international disputes are distinguished: diplomatic; legal; resolution of disputes in international organizations.

Diplomatic means should include: direct negotiations; conciliation procedure (investigative and conciliation commissions); negotiations with the participation of third parties (mediation, good offices). Legal means include arbitration and judicial procedure. Dispute resolution in international organizations involves participation in dispute resolution in the bodies of international organizations to which this authority is granted by international documents.

Legal regime of the Arctic.

The territory of the Arctic is divided between the United States, Canada, Denmark, Norway and Russia into the so-called "polar sectors". According to the concept of polar sectors, all lands and islands located to the north of the Arctic coast of the corresponding circumpolar state within the sector formed by this coast and the meridians converging at the point of the North Pole are considered to be included in the territory of this state.

The definition of the boundaries of the Arctic in the subarctic countries is different. At the same time, their legislation on the continental shelf, as well as economic or fishing zones, applies to the Arctic regions.

The USSR secured its rights in the polar sector by a resolution of the Presidium of the Central Executive Committee of the USSR dated 04/15/1926, according to which all lands, both open and those that may be open in the future, located between the northern coast Soviet Union and converging at the North Pole meridians, were declared the territory of the USSR. The exception is the islands of the Svalbard archipelago, which belong to Norway on the basis of the Svalbard Treaty (1920)

After the collapse of the USSR, the rights of the Russian Federation in the Arctic are enshrined in the Constitution of the Russian Federation, Law of the Russian Federation of 04/01/1993 No. 4730-1 "On the State Border of the Russian Federation", Federal Laws of 11/30/1995 No. 187-FZ "On the Continental Shelf" and of 17.12. 1998 No. 191-FZ "On the Exclusive Economic Zone of the Russian Federation". A federal law "On the Arctic Zone" is currently being developed.

The side borders of the polar sectors are not the state borders of the respective countries. state territory in the polar sector it is limited by the outer limit of territorial waters. However, given the special importance of the polar sectors for the economy and security of coastal states, the difficulty of navigation in these areas, and a number of other circumstances, it can be said that a legal regime operates on the territory of the sectors that differs from the regime of territorial waters. The circumpolar states establish a permit procedure for conducting economic activities in the area of ​​the polar sector, environmental protection rules, etc.

Recently, cooperation between the Arctic states has been actively developing.

In 1993, representatives of the governments of the Arctic countries adopted the Declaration on the Environment and Development in the Arctic. The Arctic States have reaffirmed their intention to protect and conserve the Arctic environment, recognizing the special relationship that exists between indigenous peoples and local peoples and the Arctic, and their unique contribution to the protection of the Arctic environment.

Negotiations are currently underway on the status of the natural resources of the Arctic Ocean. The 1982 Convention on the Law of the Sea allows the Russian Federation to claim an extended Arctic shelf zone, up to the North Pole, in the sector from the 30th meridian to 180 °, with access to Wrangel Island, as well as an enclave of the continental shelf beyond 200 miles in the Sea of ​​Okhotsk .

In addition, Russia, in order to establish sovereign rights to the enclave of the continental shelf with an area of ​​56.4 thousand square meters. km in the Sea of ​​Okhotsk, it is necessary to coordinate with Japan the reference lines used for reference of sea spaces. Shelf reference lines must be exclusively Russian and must not start from the coast of the disputed area claimed by Japan. Until the final settlement of the issue of ownership of the Kuril Islands, Russia cannot use them as baselines for counting the width of all maritime spaces, including the continental shelf beyond 200 miles.

Legal regime of Antarctica.

In the late 1950s The Washington Conference was convened to determine the mode of operation in Antarctica. As a result, in 1959, the Antarctic Treaty was signed (Washington, December 1, 1959), in which about 40 states participate. This Treaty at the Conference of the States Parties in 1995 was recognized as open-ended.

In 1959, the participants of the Conference put forward the idea of ​​declaring Antarctica the common heritage of mankind and proposed that the functions of managing Antarctica be transferred to the UN. However, the countries-participants of the Treaty did not agree to this.

In accordance with the provisions of the Antarctic Treaty, all territorial claims of states in Antarctica are "frozen". While not recognizing anyone's sovereignty in Antarctica, the Treaty does not deny the existence of territorial claims, but freezes existing ones and prohibits new claims by states.

The treaty establishes that Antarctica can only be used for peaceful purposes. In Antarctica, in particular, the following are prohibited: the creation of military bases and fortifications, the conduct of military maneuvers, and the testing of any type of weapon. In addition, in Antarctica it is prohibited to conduct nuclear explosions and reset radioactive waste. Thus, Antarctica is recognized as a demilitarized territory. The Treaty, however, does not preclude the use of military personnel or equipment in Antarctica for scientific research or for any other peaceful purpose.

To promote international cooperation in scientific research in Antarctica, the following activities are carried out: exchange of information regarding plans for scientific work in Antarctica; exchange of scientific personnel in the Antarctic between expeditions and stations; exchange of data and results of scientific observations in the Antarctic and free access to them is provided.

Compliance with the Treaty is strictly controlled. Each State Party to the Treaty may designate its observers, who shall have the right of access to any area of ​​Antarctica at any time. Antarctic stations, installations, equipment, ships and aircraft of all states in Antarctica are open for inspection.

Observers and scientific personnel of stations in Antarctica are subject to the jurisdiction of the state of which they are citizens.

The legal regime of Antarctic living resources is also governed by the Convention on the Conservation of Antarctic Marine Living Resources (Canberra, May 20, 1980), according to which all fishing and related activities shall be carried out in accordance with the following principles: preventing the reduction of any harvested population to levels below those that ensure its sustainable replenishment; maintain ecological relationships among harvested, dependent and associated populations of Antarctic marine living resources and restore depleted populations; preventing changes in the marine ecosystem that are potentially irreversible.

The Government of the Russian Federation issued Decree No. 1476 dated December 11, 1998 "On Approval of the Procedure for Reviewing and Issuing Permits for the Activities of Russian Individuals and legal entities in the Antarctic Treaty area". Currently, permits are issued by Roshydromet in agreement with the Russian Ministry of Foreign Affairs and the Russian Ministry of Natural Resources on the basis of applications from Russian individuals and legal entities and the conclusion of Rostekhnadzor on assessing the impact of planned activities in the Antarctic Treaty area on the environment of Antarctica and dependent from it and its associated ecosystems.

Responsibility in MP

At present, a whole branch of MT has been formed - the law of international responsibility. There are also norms on international legal responsibility in other branches of international law (the law of international legal personality, the law of international organizations, the law of international security, etc.).

grounds international responsibility are the objective and subjective signs provided for by international legal norms. There are legal, factual and procedural grounds for international legal responsibility.

Under legal grounds understand the international legal obligations of the subjects of international law, according to which this or that act is declared an international offense. In other words, in case of an international offense, it is not the IL norm itself that is violated, but the obligations of the subjects to comply with this rule of conduct. Therefore, the list of sources of legal grounds for liability is different from the range of sources of MP. The legal grounds for international responsibility arise from: treaties, customs, resolutions of international organizations, documents of conferences, decisions of international courts and arbitrations, as well as unilateral international obligations of states that establish binding rules of conduct for a given state (in the form of declarations, statements, speeches of officials, etc. .P.).

Actual the basis of responsibility is an international offense in which all the elements of the offense are present. The factual basis is expressed in the act of the subject, expressed in the actions (inaction) of its bodies or officials that violate international legal obligations.

Procedural the grounds of liability are the procedure for considering cases of offenses and bringing to responsibility. In some cases, this procedure is fixed in detail in international legal acts (for example, in the Charter of the International Military Tribunal for the Trial and Punishment of the Chief War Criminals of the European Axis Countries (London, August 8, 1945)), in others, its choice is left to the discretion of the authorities applying liability measures.

Sanctions in international law.

Historically, sanctions in the MP were initially applied in self-help. As the system of international relations became more complex, there was a need for closer integration of states. A system of international organizations is being created that has a functional legal personality, so their right to coercion is of a secondary and special nature. Being an element of the legal personality of an international organization, the right to coercion means the ability to apply coercive measures only in those areas interstate relations which are within the competence of the organization and only within the limits specified by the charter.

Sanctions cannot have a preventive effect; their goal is to protect and restore the already violated rights of the subjects of MP. No reference to the national interests of the state as a justification for the application of sanctions is allowed..

Sanctions in the MP, these are coercive measures of both armed and unarmed nature, applied by the subjects of the MP in the established procedural form in response to an offense with the aim of suppressing it, restoring violated rights and ensuring the responsibility of the offender.

Correlation of responsibility and sanctions in international law

Sanctions in MP differ from liability in the following ways:

Sanctions are always the actions of the victim (victims) applied to the offender, while responsibility can act in the form of self-restrictions of the offender;

Sanctions, as a rule, are applied before the implementation of liability measures and are a prerequisite for its occurrence. The purpose of sanctions is to stop an international offense, restore violated rights and ensure the implementation of responsibility;

Sanctions are applied in a procedural manner different from that in which international legal responsibility is exercised;

Sanctions are the right of the victim; their application does not depend on the will of the offender;

The basis for the application of sanctions is the refusal to stop illegal actions and comply with the legitimate demands of the injured subjects.

International legal sanctions These are coercive measures permitted by the IL and carried out in a special procedural manner, used by the subjects of the IL to protect the international legal order, when the offender refuses to stop the offense, restore the rights of the victims and voluntarily fulfill the obligations arising from his responsibility.

In the Russian Federation, there is still no general legal mechanism for the implementation of the norms of international law, enshrined in the form of acts of bodies of international organizations. Part 4 Art. 15 of the Constitution of the Russian Federation is designed mainly for international treaties. The implementation of the acts of the bodies of international organizations is of a "one-time" nature and is carried out at all levels and in all spheres of relations. Problems are solved as they arise.

As a result of the analysis of the practice of implementing acts of international organizations in Russia, the following picture emerges. The implementation of these documents is carried out by all state bodies; various methods are used.

Domestic implementation of the provisions of the acts of the bodies of organizations is carried out by:

• 1) legislative authorities of the Russian Federation. So, in accordance with Art. 6 of the Federal Law of July 19, 1998 No. 114-FZ "On Military-Technical Cooperation of the Russian Federation with Foreign States", decisions of the President of the Russian Federation prohibit or restrict the export of military products to individual states in order to ensure the implementation of decisions of the UN Security Council on measures to maintain or restore international peace and security;
• 2) The President of the Russian Federation (for example, Decree of the President of the Russian Federation of 05.05.2008 No. 682 "On measures to implement UN Security Council Resolution 1803 of March 3, 2008" establishes the following:

"1. All state institutions, industrial, commercial, financial, transport and other enterprises, banks, organizations, other legal entities and individuals under the jurisdiction of the Russian Federation, in their activities proceed from the fact that from March 3, 2008:

• a) transit through the territory of the Russian Federation (including by air), export from the territory of the Russian Federation to Iran, as well as transfer to Iran outside the Russian Federation using ships and aircraft under its flag is prohibited:
  • - all items (materials, equipment, goods and technologies), regardless of their country of origin, specified in the List of dual-use equipment and materials and related technologies used for nuclear purposes, subject to export control, approved by Decree of the President of the Russian Federation dated January 14, 2003 No. 36 "On Approval of the List of Dual-Use Equipment and Materials and Corresponding Technologies Used for Nuclear Purposes Subject to Export Control", with the exception of materials, equipment, goods and technologies when they are intended for use in light water nuclear reactors or when they are export, transfer or movement is necessary for the purposes of technical assistance provided to Iran by the IAEA or under the auspices of the IAEA, as provided for in paragraph 16 of UN Security Council Resolution 1737 of December 23, 2006;
  • - all items (materials, equipment, goods and technologies), regardless of their country of origin, specified in the List of equipment, materials and technologies that can be used in the creation of missile weapons and for which export control is established, approved by Decree of the President of the Russian Federation of 08.08. 2001 No. 1005 "On approval of the List of equipment, materials and technologies that can be used in the creation of missile weapons and for which export control is established";
• b) export from the territory of the Russian Federation to Iran and transfer to Iran outside the Russian Federation using ships and aircraft flying its flag of all items (materials, equipment, goods and technologies) specified in the List of dual-use equipment and materials and relevant technologies used in nuclear purposes subject to export control;
• c) it is prohibited to enter the territory of the Russian Federation or transit through individuals listed in the annex, as well as other individuals who, as determined by the UN Security Council or the UN Security Council Committee established in accordance with paragraph 18 of Security Council Resolution PLO 1737 of December 23, 2006, are participating in a proliferation-sensitive nuclear activities of Iran and in the development by Iran of nuclear weapons delivery systems are directly related to or support this, including through participation in the procurement of prohibited items (materials, equipment, goods and technologies). This prohibition will not apply when such entry or transit is carried out directly in connection with activities related to equipment and materials specified in the List of nuclear materials, equipment, special non-nuclear materials and related technologies subject to export control, approved by Decree of the President of the Russian Federation of February 14 .1996 No. 202 "On Approval of the List of Nuclear Materials, Equipment, Special Non-Nuclear Materials and Corresponding Technologies Subject to Export Control".

Thus, not only measures were taken to apply sanctions against Iran, but also changes were made to the Russian legal system;

• 3) The Government of the Russian Federation (for example, by Decree No. 798 of August 7, 1995 "On measures to implement the documents of the Organization for Security and Cooperation in Europe" Vienna Document 1994 Negotiations on Confidence and Security Building Measures "," Global Exchange of Military Information "," Code of Conduct Concerning Military-Political Aspects of Security" and "Decision on Principles Governing Non-Proliferation" The Government of the Russian Federation approved measures to ensure the implementation of OSCE documents);
• 4) federal executive authorities. For example, according to the Regulations on the Procedure for Investigating Accidents with Vessels, approved by Order No. 75 of the Ministry of Transport of Russia dated May 14, 2009, the investigation of accidents with ships is carried out taking into account the requirements of the Code of International Standards and the recommended practice for investigating an accident or incident on the sea (Resolution MSC.255( 84) of the Maritime Safety Committee of the International Maritime Organization), the Guidelines for the Investigation of Human Factors in Marine Accidents and Incidents (Resolution A.884(21) of the Assembly of the International Maritime Organization) and the Guidelines for the Fair Treatment of Seafarers in the Event of a Marine Accident (Resolution A. 987(24) of the Assembly of the International Maritime Organization; Rosaviatsia Order No. 300 dated 12.09.2008 was issued "In pursuance of the provisions of Chapter 5 of the Airworthiness Manual, Volume I "Organization and Procedures" (ICAO, Doc 9760-AN/967, 1st edition, 2001)". The order implements one of the ICAO documents; in accordance with part 6 of the International Health Regulations (2005), by order of Rospotrebnadzor dated November 29, 2007 No. sanitary control vessel;
• 5) the highest courts of the Russian Federation. Thus, the Constitutional Court of the Russian Federation, in particular, repeatedly motivated its rulings by the provisions of the United Nations Standard Minimum Rules for Non-custodial Measures (December 14, 1990), the Basic Principles Concerning the Role of Lawyers (September 7, 1990) , Declaration on the Rights of Persons with Disabilities (December 9, 1975).

In its decision dated 06.11.2007 No. RKP I07-1194, the Supreme Court of the Russian Federation referred to the decision of the ICAO Council on security control for the inspection of liquids, gels and aerosol liquids that can be used as explosive devices on board an aircraft (dated December 11, 2006 G.).

In the rulings of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 1245/98 dated September 7, 1999 and No. 2459/99 dated February 29, 2000, Russian arbitration courts indicated the need to apply the Decision of the CIS Council of Heads of Government "On the new version of paragraph 9 of the Rules for determining the country of origin of goods" ( October 18, 1996).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Federal laws are adopted by a majority vote of the total number of members of the State Duma and govern a fairly wide range of public relations.

The laws of the constituent entities of the Russian Federation are adopted by the representative bodies of the constituent entity and cannot contradict federal laws.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Any national legal system has its established specific form.

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

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

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