11.03.2020

Anniversary meeting of the Russian Association of International Law. The charter of the international association in the field of collective management of rights "Eurasian Confederation of Societies of Rightholders" Membership in the Association

What is an "international law association"? What is the correct spelling of this word. Concept and interpretation.

international law association 1) established in 1873 (Brussels) non-governmental international organization scientific and applied nature, the goals of which are to study the patterns of development international relations, contributing to the progressive development of international public law and international private law, preparing proposals for interested governments to resolve international legal problems and achieve mutual understanding between peoples .. Initially (until 1895) called the Association for the Reform and Codification of the Law of Nations, A. m.p. during its existence has had a serious positive impact on the formation of many institutions of modern international law. This was expressed, for example, in the creation, with the direct participation of legal scholars from all continents and legal schools united under its auspices, of such organizations as the Hague Conference on Private International Law (1893), the International Institute for the Unification of Private Law under the Council of the League of Nations - UNIDROIT (1928 ), United Nations Commission on International Trade Law - UNCITRAL (1996). Based on the applied developments of these organizations, numerous conventions have been adopted and are effectively operating, aimed at eliminating conflicts of national legislation in the field of family, inheritance, financial law, intellectual property, international trade, transport, tourism, international civil process, arbitration proceedings, etc. The charter of A.m.p. it provides for the possibility of participation in its work on the terms of individual and collective membership of jurists-theorists, lawyers-practitioners, lawyers, law enforcement, law enforcement and legislative bodies of state power of various countries, political and public figures, diplomats, representatives of higher education professors. Organizational structure of A.m.p.; includes the biennial Conference - the main representative body, the Administrative Council - the main executive agency, consisting of the president of the Association and the chairmen of national branches, as well as relevant committees acting on a permanent basis, each of which develops issues in one of the branches of international public or private law, prepares reports for consideration at regular congresses, drafts of international normative acts. Location of the headquarters of the A.m.p. - London. 2) The Russian Association of International Law (before 1991 - Soviet A.m.p.), formed on April 17, 1957 in accordance with the decision of the Presidium of the Academy of Sciences of the USSR and other decision-making authorities, an independent public organization whose goals are to assistance in strengthening and enhancing the role of progressive principles and norms of international law. An important place in the activities of the Russian A.M.P. is occupied by stimulating the development of the science of international law in the country, as well as familiarizing the general scientific community, applied workers with the latest ideas in the field of international jurisprudence, with the activities of interstate organizations, with international legal acts, the progress of work diplomatic conferences, bilateral contacts of certain countries on legal issues. The constant attention of the Russian A.M.p. focused on increasing the scientific potential of international lawyers in the course of their training at universities, postgraduate studies, in such specialized training centers for international lawyers as the Moscow state institute international relations, Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation. A solid contribution to the development of international law is associated with the names of many of its members, known for their work in the International Court of Justice (F.I. Kozhevnikov, V.S. Vereshchetin), the UN International Law Commission (G.I. Tunkin, N.A. Ushakov, I. I. Lukashuk), the main bodies of the UN, its specialized agencies, other interstate organizations (A.P. Movchan, V.I. Sobakin, G.N. Piradov, G.P. Zhukov, O.N. Khlestov ), as well as at major diplomatic conferences (S.B. Krylov, E.N. Durdenevsky, S.V. Molodtsov, Yu.M. Kolosov, E.T. Usenko, G.B. Starushenko, B.M. Klimenko, I.P. Blishchenko and others). The main bodies of the Russian A.M.p.: the annual general meeting of its members, elected for a period of 3 years, the Executive Committee, which includes an operational body - the Bureau of the Executive Committee, the Audit Commission, the Editorial Board, as well as specialized committees working on a permanent basis (there are 31 in total), whose tasks include preparing materials for hearing at general meetings in relevant areas of science of international law (public and private). The press organ of the Russian A.M.p. - Russian Yearbook of International Law (until 1991 - Soviet Yearbook of International Law).,.. . \" Russian A.M.p. - a collective member of A.M.p. since 1957. From the moment of its foundation until his death in 1993, the post of Chairman of the Russian A.M.p. is Prof. Kolod-kin A.L., Volosov M.E.

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1. GENERAL PROVISIONS

1.1. The International Association in the field of collective management of rights "Eurasian Confederation of Societies of Rights Holders" (hereinafter referred to as the Association) is a non-profit, corporate organization created to represent and protect common interests, to achieve socially useful and other goals specified in this Charter.

1.2. Members of the Association are organizations involved in the management various categories copyright and / or related rights in the member countries of the Eurasian Economic Union, the Commonwealth of Independent States, the BRICS countries and other countries.

1.3. The activities of the Association are carried out taking into account the best traditions and practices that exist in the areas of collective management of copyright and related rights.

1.4. The Association is a consolidating organization pursuing the goals of forming and developing the institution of collective management of rights in the territories and areas represented by the members of the Association.

1.5. The full name of the Association is the International Association in the field of collective management of rights "Eurasian Confederation of Societies of Right Holders".

The abbreviated name of the Association is EAKOP.

The full name of the Association in English is International collective management rights" Association "Confederation of Rightholders' Societies of Europe and Asia".
The abbreviated name of the Association in English is CRSEA.

1.6. Location of the permanent executive body of the Association: Russian Federation, Moscow. By decision of the General Assembly, the location of the permanent executive body of the Association may be transferred.

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2. LEGAL STATUS OF THE ASSOCIATION

2.1. The Association was established and operates in accordance with the Constitution Russian Federation, the norms of the current Civil Code of the Russian Federation, the Federal Law of 12.01.1996 No. 7-FZ “On non-profit organizations”, other regulatory legal acts of the Russian Federation, as well as in accordance with this Charter.

2.2. The Association adheres to all accepted international principles in order to most effectively manage the rights of copyright holders and takes into account modern challenges associated with the development of digital technologies and new ways of transmitting information.

2.3. The association is created without limiting the term of activity.

2.4. The Association is considered to be established as a legal entity from the moment of its state registration in accordance with the procedure established by law, owns separate property, is liable for its obligations with this property, can acquire and exercise property and non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court .

2.5. The Association conducts its activities independently of any organizations and interacts with them, including with organizations involved in the management of various categories of copyright and / or related rights that are not members of the Association, if this contributes to the development of the institution of collective management of rights and the practical implementation of the rights of copyright holders in areas represented by members of the Association.

2.6. The Association must have its own balance sheet and (or) budget.

2.7. The Association has the right to open accounts in banks and other credit organizations in the territory of the Russian Federation and outside its territory in accordance with the established procedure, with the exception of cases established by federal law.

2.8. The Association has a round seal containing its name in Russian and English. The Association has the right to have stamps, forms with its name, other means of visual and other individualization, approved and registered in the manner prescribed by law.

2.9. The Association may create branches and open representative offices on the territory of the Russian Federation in accordance with the legislation of the Russian Federation.

2.10. Interference in the activities of the Association by state and other bodies, except for bodies authorized by law, is not allowed.

3. OBJECTIVES AND SUBJECT OF ACTIVITY OF THE ASSOCIATION

3.1. The purpose of the Association is to consolidate and coordinate its members - organizations involved in the management of various categories of copyright and / or related rights to improve the processes of data exchange, technical support, protection of the rights and interests of the right holders they represent both at the international and national levels.

3.2. The subject of the Association's activities is the implementation of activities aimed at achieving the goals of the Association.

3.3. To achieve its statutory goals, the Association performs the following tasks:

forms and improves the procedure for the exchange of information between members of the Association on issues within the scope of collective management of rights (in particular, administrative procedures, legal proceedings / arbitrations, procedures for collecting remuneration, setting tariffs, distribution procedures, etc.);
submits to or speaks in any national or international body on any matter relating to the scope of collective management of rights or affecting the rights of right holders;
contributes to the protection and protection of any objects of copyright and / or related rights;
implements and maintains the effective functioning of the mechanism for collecting and distributing remuneration for right holders;
carries out the development and implementation of uniform standards of activity and management, as well as monitors their observance in the territories of the members' activities;
coordinates activities to protect the rights of copyright holders;
carries out research and information activities;
implements, develops and supports the functioning of the Unified Eurasian System (EES) in the interests of the members of the Association;
contributes to the establishment of the administrative infrastructure necessary for the effective management of the category of rights that is absent in the member countries of the Association;
stimulates the creation, and also provides support for the development and strengthening of organizations involved in the management of various categories of copyright and/or related rights in those countries where these organizations do not function effectively enough;
participates in any activity aimed at strengthening transparency, openness of members to represented right holders;
ensures and implements the principles of cooperation between organizations in accordance with the highest standards and best practices;
deals with the study and settlement of issues directly related to the moral, property and professional interests of copyright holders, as well as organizations involved in the management of various categories of copyright and / or related rights.

3.4. The Association can carry out income-generating activities only insofar as it serves the achievement of the statutory goals for which it was created, and corresponding to these goals. Income-generating activities are carried out by the Association in accordance with the Civil Code of the Russian Federation and other legislative acts of the Russian Federation.

4. RIGHTS AND OBLIGATIONS OF THE ASSOCIATION

4.1. In order to achieve its statutory goals, the Association, in accordance with the current legislation, has the right to:

freely disseminate information about their activities;
participate in the development of decisions of state authorities and bodies local government in the manner and to the extent provided for by the legislation of the Member States of the Association;
establish mass media and carry out publishing activities;
represent and protect their rights, the legitimate interests of their members and right holders in state authorities, local governments and public associations;
take initiatives on various issues of public life, make proposals to the public authorities of the member states of the Association;

4.2. The Association is obliged:

comply with the laws of the Member States of the Association, the generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by its charter;
annually, in accordance with the provisions of the legislation of the Russian Federation, publish a report on the use of their property or ensure the availability of familiarization with the said report;
annually inform the body that made the decision on the state registration of the Association about the continuation of its activities;
provide assistance to representatives of the body that makes decisions on the state registration of the Association in getting acquainted with the activities of the Association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;
inform the federal body of state registration about the amount of money and other property received from foreign sources, which are specified in paragraph 6 of Article 2 federal law"On non-profit organizations", on the purposes of spending these funds and using other property and on their actual spending and use in the form and within the time limits established by the authorized federal executive body;
create a website in the information and telecommunications network "Internet" and ensure its functioning (the official website of the Association).

5. MEMBERSHIP IN THE ASSOCIATION

5.1. Members of the Association are legal entities - organizations (state and non-state), engaged in the management of various categories of copyright and / or related rights in the member countries of the Eurasian Economic Union, as well as member countries of the Commonwealth of Independent States, BRICS countries and other countries that:

actually manage the rights of copyright holders;
as a goal they have and effectively ensure the promotion of property and non-property interests of right holders;
have an effective mechanism for the collection and distribution of remuneration and are fully responsible for the management of the rights entrusted to them;
operate in accordance with professional rules and standards;
carry out activities for the benefit of all right holders, and not in the interests of any separate group of them;
do not have the authority to sell or trade the rights under management or to sell any share of the fees collected or distributed.

5.2. Membership in the Association is voluntary.

5.3. A candidate member of the Association is an organization that manages various categories of copyright and/or related rights that meets the requirements of this Charter for members of the Association.

5.4. Admission to the membership of the Association and exclusion from among its members is carried out by the General Assembly.

5.5. To become a member of the Association, an organization that has expressed a desire to become a member of the Association must send an application to the Secretariat in the form approved by the Secretariat. The application form is subject to publication on the official website of the Association.

The application must be accompanied by the following documents:

a list of all members of the organization, indicating the category of rights managed by the organization;
activity report for the calendar year preceding the application;
a detailed report on planned activities for the next calendar year;
copies of financial documents of the organization for the calendar year preceding the application;
a copy of the decision of the authorized body of the organization on consent to membership in the Association;
other documents that allow to substantiate the expediency of accepting the organization as a member of the Association.

5.6. The Secretariat of the Association considers the received application for the completeness and reliability of the information provided and, based on the results, makes a reasoned conclusion, in which it recommends to the General Assembly:

accept as members of the Association; or
refuse admission to membership in the Association.

5.7. General Assembly following consideration of the Secretariat's recommendation for each application:

accepts members of the Association;
refuses admission to the membership of the Association.

5.8. Prior to consideration by the General Assembly of the issue of membership in the Association in accordance with clause 5.7 of this Charter, an organization that has expressed a desire to become a member of the Association has the right, in agreement with the Secretary General, to take part in the work of the bodies of the Association with an advisory vote.

5.9. Members of the Association have the right to:

participate in the management of the affairs of the Association;
elect and be elected to the governing bodies of the Association;
submit proposals to the governing bodies of the Association regarding the issues of its activities;
use a single software package for ensuring the activities of organizations managing rights on a collective basis and participate in the work on its development;
receive financial support from the Association in accordance with the established procedure;
receive on a permanent basis information and publications about the activities of the Association, get acquainted with its accounting and other documentation;
challenge, acting on behalf of the Association, in accordance with paragraph 1 of Article 182 of the Civil Code of the Russian Federation, the transactions made by it on the grounds provided for in Article 174 of the Civil Code of the Russian Federation or the laws on corporations of certain organizational and legal forms, and demand the application of the consequences of their invalidity, and also the application of the consequences of invalidity of void transactions of the Association;
withdraw from the Association at its own discretion by sending a statement to this effect to the Secretariat for consideration and approval at a meeting of the General Assembly. Information about the withdrawal of a member from the Association is also subject to publication on the official website of the Association.
exercise other rights provided for by this Charter.

5.10. Members of the Association are obliged:

participate in the formation of the property of the Association in the required amount in the manner, manner and within the time limits established by the legislation of the Russian Federation or these Articles of Association;
not to disclose confidential information about the activities of the Association;
participate in the adoption of corporate decisions, without which the Association cannot continue its activities in accordance with the law, if participation is necessary for the adoption of such decisions;
not to take actions knowingly aimed at causing harm to the Association;
not to take actions (inaction) that significantly impede or make it impossible to achieve the goals for which the Association was created;
assist the Association in the implementation of its activities;
pay membership fees in accordance with the Membership Regulations approved by the General Assembly, as well as, in accordance with the legislation of the country of its location, make additional property contributions in accordance with decisions taken, if necessary, by the General Assembly;
submit annually to the Secretariat information on its activities in accordance with the standards approved by the General Assembly;
send to the Audit Commission a duly certified opinion on the results of the audit, as well as financial statements subject to audit;
at the request of the Secretariat, provide additional information about their activities;
in accordance with the Regulations approved by the General Assembly, allow auditors and representatives of the Secretariat to conduct control measures to verify the accuracy of the information provided and reporting, as well as to develop proposals for improving and optimizing the work of the members of the Association;
fulfill the obligations assumed in relation to the Association;
provide information necessary for the work of the Association, with the exception of information constituting a trade secret of a member of the Association;
not to take actions that violate the Charter of the Association, the ethics of comradely relations, to refrain from activities that are contrary to the statutory goals proclaimed by the Association.

5.11. Membership in the Association is terminated in the following cases:

voluntary withdrawal from the Association;
exclusion from members of the Association in the cases provided for in paragraph 5.14 of this Charter.

5.12. The decision to expel from the association is made by the General Assembly following the consideration of the conclusion of the Secretariat, which must inform the member of the Association about the grounds and evidence at his disposal for submitting the issue of exclusion from the association for consideration by the General Assembly.

5.13. The rights of a member of the Association are terminated from the moment the decision on exclusion is made, the property contributed to the Association by a person who terminated membership in the Association, including admission, membership and other fees, is not returned to him.

5.14. A member of the Association may be expelled from the Association by decision of the General Assembly in the following cases:

violation of the Charter of the Association;
systematic non-execution of decisions of the governing bodies of the Association;
committing acts that discredit the Association;
failure to fulfill financial obligations to the Association for more than two calendar years;
non-compliance with the requirements for the members of the Association provided for in paragraph 5.1 of this Charter.

6. BODIES OF THE ASSOCIATION

The bodies of the Association are:

General Assembly;
Presidium headed by the President;
Committees created in different areas of copyright and related rights;
General Secretary;
Secretariat headed by the Director General;
Audit committee.

7. GENERAL ASSEMBLY

7.1.1. The General Assembly is supreme body Association, consisting of members of the Association;

7.1.2. The exclusive competence of the General Assembly includes the following issues:

approval of the charter of the Association, introduction of amendments and additions to it.
determination of priority directions of the Association's activity, principles of formation and use of its property;
admission to the membership of the Association and exclusion from among its members;
approval of annual reports and accounting (financial) statements of the Association;
creation by the Association of other legal entities, participation of the Association in other legal entities, creation of branches and opening of representative offices of the Association;
reorganization and liquidation of the Association, appointment of a liquidation commission (liquidator) and approval of the liquidation balance sheet;
approval of an audit organization or an individual auditor of the Association;
making decisions on the amount and procedure for payment by members of the Association of membership and other property contributions;
election of the Presidium and the Audit Commission of the Association for a period of 2 (two) years and early termination of their powers;
appointment of the Secretary General and early termination of his powers;
appointment of the General Director for a period of 1 (One) year and early termination of his powers;
election of Committees;
approval of the report on the activities of the Presidium, the Secretariat, the Audit Commission and the Secretary General;
approval of standards for disclosure of information about the activities of members of the Association;
approval of the Regulations on the implementation by the Secretariat of control measures to verify members of the Association;
consideration of proposals of the Presidium and the Secretary General on the development of cooperation between the Association and organizations that are not members of the Association, and making decisions on them.

7.1.3. The General Assembly considers other issues initiated for consideration by the members of the Association or bodies of the Association, if they correspond to the purpose of creating the Association, and makes decisions on them.

7.1.4. Regular meetings of the General Assembly are held annually until the end of February of each calendar year and are convened by the Secretariat of the Association by sending a notice addressed to each member at least two months before the meeting. The Association also has the right to use other means of notification of the next meeting of the General Assembly, including by publishing information about it on the official website of the Association.

7.1.5. An extraordinary meeting of the General Assembly, limited to a special purpose, may be convened by the Secretary General or the Secretariat of the Association at the request of a member of the Association, as well as members of the Audit Commission with the obligatory notification of other members of the Association no more than a month before the extraordinary meeting of the General Assembly.

7.1.6. The rate of representation of delegates to the General Assembly, the date, place of the General Assembly and the agenda are determined by the Secretariat of the Association.

7.1.7. Meetings of the General Assembly in the form of a videoconference are not allowed.

7.1.8. A member of the Association may be represented in the General Assembly by a maximum of three delegates. Regardless of the number of delegates representing a member of the Association, each member of the Association has one vote when voting.

The General Assembly has the right to approve the regulations that determine the procedure for participation in its meetings.

7.1.9. By decision of all delegates present at a meeting of the General Assembly, the agenda of its meeting may be changed and / or supplemented, if this does not contradict the law. Decisions of the General Assembly on changing and/or supplementing the agenda, as well as on issues included in the agenda, are taken unanimously.

7.1.10. The General Assembly of the Association is competent to make decisions if delegates representing more than half of the members of the Association take part in its work. All issues provided for in paragraph 7.1.2 of this Charter are the exclusive competence and decisions on these issues are made by a qualified majority of votes in 2/3 of the members of the Association present at the meeting of the General Assembly. On other issues, decisions at the General Assembly are taken by a simple majority of votes.

In the event that on the issue of admission to membership (exclusion from membership) of the Association, as well as on the issue of changing the Charter of the Association, making additions to it, 2 (Two) or more votes of the members of the Association were against admission to the membership of the organization and against the adoption of changes / additions to the Charter of the Association - such an organization is not accepted as a member, changes / additions to the Charter are not accepted.

7.1.11. In the absence of a quorum for holding the General Assembly, the Secretariat of the Association announces a new date for the meeting of the General Assembly.

7.1.12. The meetings of the General Assembly are chaired by the President. In the absence of the President, the chairmanship passes to the Secretary General.

7.1.13. The minutes of the General Assembly are drawn up no later than 10 (ten) days after the closing of the General Assembly in the number of members present at the meeting of the General Assembly, and signed by the chairman of the General Assembly and the secretary taking the minutes.

7.1.14. The Association provides its members with the accessibility of decisions of the General Assembly for review by posting on the official website of the Association.

7.2. PRESIDIUM AND PRESIDENT OF THE ASSOCIATION

7.2.1. The Presidium is a permanent collegiate governing body of the Association, which manages the Association in the period between the General Assembly.
The Presidium is elected by the General Assembly for a period of 2 (Two) years from among the actually nominated candidates for the members of the Presidium. Candidates for the Presidium are nominated by members of the Association no more than two candidates from each member country of the Association. Members of the Presidium can only be individuals. Quantitative composition The presidium is determined by the General Assembly.

7.2.2. The Presidium consists of prominent figures of culture and art, as well as representatives of state authorities of the member countries of the Association, who are competent in matters of protection of copyright and related rights. State bodies take part in meetings of the Presidium within the framework of the powers established by the national legislations of the countries they represent.

7.2.3. By decision of the General Assembly, the powers of the Presidium may be terminated ahead of schedule.

7.2.4. The activity of the Presidium is accountable to the General Assembly. Meetings of the Presidium are held as needed, but not less than 1 (One) time per year. The meetings of the Presidium are convened by the President of the Association. The first meeting of the Presidium is convened by the Secretary General, who determines the place and time of the meeting of the Presidium.

7.2.5. The competence of the Presidium includes the following issues:

management of the activities of the Association in the period between Conferences;
approval of the standards developed by the Secretariat for the disclosure by members of the Association of information about their activities and submission for approval by the General Assembly;
providing advice to the Committees of the Association on copyright and related rights;
submission to the General Assembly of proposals on the development of cooperation with organizations that are not members of the Association;
submitting a report to the annual meeting of the General Assembly;
determining the priority of projects and programs of the Association;
monitoring the implementation of decisions of the General Assembly;
resolution of other issues not referred to the exclusive competence of the General Assembly.

7.2.6. The Presidium is authorized to make decisions with the participation of more than half of its members in its meeting. Decisions are taken by a simple majority of votes of the members of the Presidium present at the meeting. The minutes of the meeting of the Presidium are signed by the chairperson and the secretary who takes the minutes.

7.2.7. The Presidium is headed by the President, elected at a meeting of the Presidium by the members of the Presidium for a period of 1 (One) year, subject to the provisions of paragraph 7.2.8 of this Charter.

7.2.8. Candidates for the President are nominated by the members of the Association, one candidate from each country of the member of the Association and are not entitled to be nominated for a new term of office. Elections of the President take place on a rotational basis. For the avoidance of doubt, it is hereby established that a candidate from a country of a member of the Association may be re-elected President only after this office has been submitted by each country of the member of the Association.

7.2.9. President of the Association:

convenes meetings of the Presidium, determining the place and time of the meetings, chairs the meetings of the Presidium and directs its work;
represents the Association at various international and national events dedicated to copyright and related rights;
provides members of the Association with the availability of decisions of the Presidium for review by posting on the official website of the Association;
ensures the implementation of the decisions of the General Assembly and the Presidium;
together with the General Director forms the agenda for consideration at the meeting of the Presidium;
signs documents for consideration at a meeting of the General Assembly;
performs other representative functions of the Association.

7.3. SECRETARIAT AND GENERAL DIRECTOR

7.3.1. The Secretariat is not a governing body of the Association and provides administrative support for its activities. The Secretariat consists of the Administrative and Control Departments, the heads of the Committees, who are its permanent members, as well as hired employees who do not have the right to vote.

7.3.2. The activities of the Secretariat are accountable to the General Assembly and, between sessions, to the Secretary General.

7.3.3. Administration Office of the Secretariat:

provides organizational support for the meetings of the General Assembly, the Presidium, the Committees of the Association;
creates, implements, maintains and develops a unified software package for ensuring the activities of rights management organizations on a collective basis in order to increase the efficiency of managing the rights of copyright holders;
requires the members of the Association to enter data into the relevant systems of the Association within the established time limits;
prepares for consideration by the General Assembly the annual report of the Secretariat for the previous calendar year;
jointly with the Control Department develops standards for the disclosure by the members of the Association of information about their activities and checks the information submitted by the members of the Association about their activities in accordance with the Regulations approved by the General Assembly;
carries out mailing to the members of the Association and receiving correspondence from them;
considers applications from organizations for admission to membership in the Association for the completeness and reliability of the information provided by them and, based on the results of consideration, sends proposals for consideration by the General Assembly;
convenes ordinary and extraordinary meetings of the General Assembly, determines the norm of representation, the date, place of the General Assembly and the agenda.

7.3.4. Control Department of the Secretariat:

submits for approval to the Secretary General for subsequent approval by the General Assembly the annual report and accounting (financial) statements;
controls the payment of membership fees by members of the Association;
jointly with the Administrative Department develops standards for the disclosure by the members of the Association of information about their activities and checks the information submitted by the members of the Association about their activities;
prepares for consideration by the General Assembly an opinion on exclusion from the membership of the Association;
authorizes the disbursement of additional voluntary contributions.

7.3.5. The Secretariat is headed by the Director General, appointed by the General Assembly for a term of 1 (One) year with the right to re-election for subsequent terms.

7.3.6. CEO:

carries out general management of the activities of the Secretariat of the Association;
in agreement with the Secretary General, appoints and dismisses staff members of the Secretariat in accordance with the budget of the organization;
notifies of the convening of meetings of the Committees, supervises the preparation of each meeting of the Committee, the Presidium and the General Assembly, and prepares the agenda for each meeting;
together with the President of the Association and the Secretary General forms the agenda for consideration at the meeting of the Presidium, executes the decisions of the Presidium of the Association;
signs, in agreement with the Secretary General, conclusions prepared by the Control Department on the possibility of applying sanctions to a member of the Association for consideration at a meeting of the General Assembly;
provides consideration of applications from organizations for admission to membership in the Association and, in agreement with the Secretary General, signs conclusions on the completeness and reliability of the information submitted by them for consideration at a meeting of the General Assembly;
at the request of the Audit Commission, provides all the documents necessary for the audit related to the activities of the Secretariat;
sends, in agreement with the Secretary General, for approval by the Presidium and subsequent approval at the General Assembly of the Association, the standards for disclosure by members of the Association of information about their activities;
submit to each General Assembly an annual report by the Secretariat for the preceding calendar year;
at the request of the Secretary General, provides a report on the activities of the Secretariat, as well as executes its individual instructions and orders related to the execution of the assigned powers;
along with the Secretary General has the right to sign the documents of the Association. For the avoidance of doubt, it is presumed that documents made by the sole signature of the Director General, without the signature of the Secretary General or his consent expressed in writing, are considered invalid;
issues orders, instructions, instructions and other acts obligatory for execution by the employees of the Secretariat of the Association, applies measures to them disciplinary action and encouragement;
performs other functions necessary to ensure the reliable functioning of the Association.

7.4. GENERAL SECRETARY OF THE ASSOCIATION

7.4.1. The Secretary General is the sole executive body of the Association, appointed by the General Assembly for a term determined by the General Assembly.
The Secretary General is accountable for his activities to the General Assembly.

7.4.2. The Secretary General performs the following functions:

carries out operational management of the activities of the Association;
ensures the compliance of the activities of the Association with its statutory goals;
coordinates the activities of the Association and its members;
determines the development goals of the Association and submits to the General Assembly proposals on the development of cooperation with organizations that are not members of the Association;
participates in meetings of the Committees with the right to vote;
coordinates the proposals of the Director General on the appointment and dismissal of staff members of the Secretariat in accordance with the budget of the organization;
approves the General Director of the Association for signing the conclusions prepared by the Control Department on the possibility of applying sanctions to a member of the Association for consideration at a meeting of the General Assembly;
approves the General Director for its signing in order to consider at the meeting of the General Assembly the conclusion on the completeness and reliability of the information provided by organizations applying for membership in the Association;
decides on the approval of the annual report and accounting
(financial) statements of the Association prepared by the Secretariat for approval by the General Assembly;
represents the Association in relations with various international and / or national organizations, state bodies, other organizations, regardless of their legal form, as well as courts without a power of attorney;
submits to the General Assembly a report on its activities;
agrees on the direction of the standards for disclosure by members of the Association of information about their activities for approval by the Presidium and subsequent approval at a meeting of the General Assembly;
organizes accounting and statistical reporting of the Association;
executes the decisions of the Presidium of the Association;
submits to the General Assembly proposals for changing the Charter, making additions to it, formed both on its own initiative and on the basis of proposals from members of the Association (Article 10 of the Charter);
at the request of the Audit Commission, provides all the documents necessary for the audit related to the activities of the Secretary General;
opens settlement and other accounts of the Association in banks;
issues powers of attorney on behalf of the Association;
has the right to sign on the documents of the Association, including the right of a bank signature;
carries out, within the framework of the legislation of the Russian Federation, any other actions necessary to achieve the statutory goals of the Association, with the exception of those that, in accordance with this Charter, are within the competence of the General Assembly and the Presidium of the Association.

7.5. AUDIT COMMITTEE

7.5.1. The Audit Commission is a collegiate body exercising control over the financial, economic and statutory activities of the Association.
The Audit Commission is elected by the General Assembly for a period of 2 (two) years in the amount of at least 3 (three) people from the actually nominated candidates for membership in the Audit Commission. Candidates for members of the Audit Commission are nominated by the members of the Association not more than one candidate from each member country of the Association. Only individuals can be members of the Audit Commission. The Audit Commission may not include employees of other bodies of the Association.

7.5.2. The competence of the Audit Commission includes:

control over the financial, economic and statutory activities of the Association;
control over the observance of the Charter of the Association;
control over the safety of property, expenditure of funds of the Association;
audit of the financial and economic activities of the Association, carried out at least 1 (One) time per year;

7.5.3. The Audit Commission is authorized to:

requests to hold an extraordinary General Assembly of the Association;
to consider complaints of members of the Association within the scope of their powers;
suspend or reverse decisions of the Secretariat, officials Association, in case of violation of the current legislation or the Charter of the Association.

7.5.4. Regular meetings of the Audit Commission are convened by the Chairman of the Audit Commission once a year. Extraordinary meetings of the Audit Commission may be convened at the initiative of the Chairman of the Audit Commission or by decision of the Audit Commission.

The meeting of the Audit Commission is competent if more than half of the members of the Audit Commission participate in the meeting.

Decisions are taken by a simple majority of votes of the members of the Audit Commission present at the meeting, provided there is a quorum.

The holding of the meeting of the Audit Commission is documented in the protocol, which is signed by the chairperson of the meeting and the secretary taking the minutes.

7.5.5. The Chairman of the Audit Commission is elected by the decision of the General Assembly for a period of 2 (two) years and is accountable to it. The Chairman of the Audit Commission may be elected for a new term.

7.5.6. Chairman of the Audit Commission:

manages the activities of the Audit Commission;
distributes functions among the members of the Audit Commission;
convening regular and extraordinary meetings of the Audit Commission;
organizes an audit of the financial, economic and statutory activities of the Association;
signs documents of the Audit Commission;
chairs the meetings of the Audit Commission.

8. ASSOCIATION COMMITTEES

Committee for Collective Management of Authors' Rights;
Committee on the Reproduction of Phonograms and Audiovisual Works for Personal Use (private copying);
Committee on the right of following and reproduction rights of authors of fine, plastic and photographic art;
Committee on Collective Management of Related Rights;
Information Technology Committee.

8.2. In each Committee, each member of the Association may be represented by one delegate.

8.3. The General Secretary of the Association has the right to take part in the meetings of the Committee and to participate in the adoption of decisions in them.

8.4. A member of the Association may be represented in the Committee, the goals and objectives of which correspond to his actual or planned activities.

8.5. The head of the Committee is elected by the members of the Committee from among its members for a term of two years. A delegate representing a member of the Association cannot be elected as the head of the Committee if the previous head of the Committee was a delegate from a member of the Association from the same member country of the Eurasian Economic Union, the Commonwealth of Independent States, a BRICS country or another country.

8.6. Each Committee:

carries out the development of proposals in the field of copyright and related rights within the framework of the activities of its Committee;
conducts research, reviews and analyzes general state represented industry;
interacts with the authorized bodies of each member;
carries out other actions related to the development of the represented industry in the territory of each member;
submits a written or oral report to the annual meeting of the General Assembly on the development of the presented direction.

8.7. Meetings of the Committees are held at least twice a year, according to the plan approved by them.

8.8. Meetings of the Committees can be held both in person and through electronic communication in the form of a videoconference.

8.9. Decisions in the Committees are taken by a simple majority of votes.

The meeting of the Committee is considered to have taken place if at least 2/3 of the total number of members of the Committee take part in it.

8.10. Any Committee may be convened by the Secretariat at the request of any member of the Association, in case of issues that require an immediate response of the organization in the direction of the Committee's activities.

8.11. The minutes of the meetings of the Committees are kept by the Secretariat.

9. PROPERTY OF THE ASSOCIATION

9.1. The Association, in accordance with the legislation of the Russian Federation, has the right to own land plots, buildings, structures, structures, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash and other property necessary for the material support of the activities provided for by this Charter.

9.2. The Association is not entitled to engage in entrepreneurial and other income-generating activities.

9.3. The sources of formation of property and funds of the Association are:

entrance and membership fees;
voluntary contributions and donations.

9.4. The Association can be liable for its obligations only with the property that can be levied under the legislation of the Russian Federation.

9.5. The subject of ownership of the property belonging to him is exclusively the Association.

9.6. Members of the Association do not have ownership rights to a share of the property owned by the Association.

9.7. The Association maintains accounting records and provides accounting and statistical reporting in accordance with the procedure established by the legislation of the Russian Federation.

9.8. The Association provides information about its activities to the tax authorities authorized federal body executive power, as well as other persons, in accordance with the legislation of the Russian Federation and the Charter of the Association.

10. ASSOCIATION LANGUAGES

10.1. official language Association is Russian.

10.2. English is the working language of the Association.

11. PROCEDURE FOR AMENDING THE CHARTER

11.1. Any change in the Charter is possible only at the General Assembly at the written proposal of the Secretary General or at the proposal of at least 4 member organizations of the Association.
Each proposal of the members of the Association must be submitted for consideration to the Secretary General no later than two months before the next meeting of the General Assembly in order for him to summarize, analyze the proposals of the members of the Association and submit it for consideration to the next meeting of the General Assembly.

11.2. The proposals of the Secretary General to amend / supplement the Charter of the Association, formulated by him on his own initiative, must be sent to the members of the Association for consideration no later than three months before the next meeting of the General Assembly so that, no later than two months before the next meeting General Assembly, the Secretary General received from the members of the Association their approval or comments.
The distribution is carried out by the Secretariat of the Association.

12. LIQUIDATION AND REORGANIZATION OF THE ASSOCIATION

12.1. The Association may be reorganized or liquidated on the basis of a decision of the members of the Association, or by a court decision, in the manner prescribed by the current legislation of the Russian Federation.

12.2. The reorganization of the Association can be carried out in the form of merger, accession, division, separation and transformation.

The decision to transform the Association is taken unanimously by all members of the Association.

12.3. The Association is considered to be reorganized, except for cases of reorganization in the form of affiliation, from the moment of state registration of a newly emerged legal entity.

12.4. The association, by decision of its members, may be transformed into a public organization, an autonomous non-profit organization or a foundation.

12.5. The General Assembly of the Association appoints a liquidation commission (liquidator) and establishes, in accordance with the Civil Code and other federal laws, the procedure and terms for the liquidation of the organization.

From the moment of appointment of the liquidation commission, the powers to manage the affairs of the Association are transferred to it. The liquidation commission, on behalf of the Association, acts in court.

12.6. Upon liquidation of the Association, the property remaining after the satisfaction of creditors' claims, unless otherwise established by Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" and other federal laws, shall be directed to the purposes for which it was created, and (or) to charitable purposes in the manner determined by the General Assembly of the Association.

12.7. Upon termination of the Association's activities, all management, financial and economic documents, documents on personnel and others are transferred to the successor in accordance with the established rules. In the absence of an assignee, documents on personnel (orders, personal files and record cards, personal accounts, etc.) are transferred according to the inventory to the archive at the place of state registration.

12.8. All issues not regulated by this Charter are resolved in accordance with the requirements of the Civil Code of the Russian Federation, Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations", and other applicable regulatory legal acts of the Russian Federation.

an international non-governmental scientific organization established in Brussels in 1873. A. m. p. has a consultative status with organizations of the UN system - ECOSOC, UNESCO, IMO, UNCTAD. According to the Charter, international law is called upon to promote the progressive development of international law, its conscientious application, the unification of law, and the elimination of conflicts of laws.

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INTERNATIONAL LAW ASSOCIATION

1) established in 1873 (Brussels), a non-governmental international organization of a scientific and applied nature, the goals of which are to study the patterns of development of international relations, promote the progressive development of international public law and international private law, prepare proposals for interested governments to resolve international legal problems and the achievement of mutual understanding among peoples.

Originally (until 1895) called the Association for the Reform and Codification of the Law of Peoples, A.m.p. during its existence has had a serious positive impact on the formation of many institutions of modern international law. This was expressed, for example, in the creation, with the direct participation of legal scholars from all continents and legal schools united under its auspices, of such organizations as the Hague Conference on Private International Law (1893), the International Institute for the Unification of Private Law under the Council of the League of Nations - UNIDROIT (1928 ), United Nations Commission on International Trade Law - UNCITRAL (1996). Based on the applied developments of these organizations, numerous conventions have been adopted and are effectively operating, aimed at eliminating conflicts of national legislation in the field of family, inheritance, financial law, intellectual property, international trade, transport, tourism, international civil process, arbitration proceedings, etc. The charter of A.m.p. provides for the possibility of participation in its work on the terms of individual and collective membership of jurists-theorists, lawyers-practitioners, lawyers, employees of law enforcement, law enforcement and legislative authorities of various countries, political and public figures, diplomats, representatives of higher education professors.

Organizational structure of A.m.p. includes the Conference convened once every two years - the main representative body, the Administrative Council - the main executive body, consisting of the president of the Association and the chairmen of the national branches, as well as specialized committees operating on a permanent basis, each of which develops issues in one of the branches of the international public or private law, prepares reports for their consideration at regular congresses, drafts of international regulations. Location of the headquarters of the A.m.p. - London.

measures to promote the strengthening and enhancement of the role of progressive principles and norms of international law. An important place in the activities of the Russian A.m.p. is to stimulate the development of the science of international law in the country, as well as to familiarize the general scientific community, applied workers with the latest ideas in the field of international jurisprudence, with the activities of interstate organizations, with international legal acts, the progress of work of diplomatic conferences, bilateral contacts of certain countries on legal issues. The constant attention of the Russian A.m.p. focused on increasing the scientific potential of international lawyers in the course of their training at universities, postgraduate studies, in such specialized training centers for international lawyers as the Moscow State Institute of International Relations, the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation.

A solid contribution to the development of international law is associated with the names of many of its members, known for their work in the International Court of Justice (F.I. Kozhevnikov, V.S. Vereshchetin), the UN International Law Commission (G.I. Tunkin, N.A. Ushakov, I. I. Lukashuk), the main bodies of the UN, its specialized agencies, other interstate organizations (A.P. Movchan, V.I. Sobakin, G.N. Piradov, G.P. Zhukov, O.N. Khlestov), as well as at major diplomatic conferences (S.B. Krylov, E.N. Durdenevsky, S.V. Molodtsov, Yu.M. Kolosov, E.T. Usenko, G.B. Starushenko, B.M. Klimenko, and .P. Blishchenko and others). The main bodies of the Russian A.m.p.: the annual general meeting of its members, elected for a period of 3 years, the Executive Committee, which includes an operational body - the Bureau of the Executive Committee, the Audit Commission, the Editorial Board, as well as specialized committees working on a permanent basis (all of them 31), whose tasks include preparing materials for hearing at general meetings in relevant areas of science of international law (public and private). The press organ of the Russian A.m.p. - Russian Yearbook of International Law (until 1991 - Soviet Yearbook of International Law).

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Russian Association of International Law

Review of the 57th Annual Meeting of the Russian Association of International Law (June 25–27, 2014)

The analytical review considers reports and speeches made at the 57th Annual Meeting of the Russian Association of International Law on June 25-27, 2014.

Korbut L. V. REVIEW OF THE 57TH ANNUAL MEETING OF THE RUSSIAN INTERNATIONAL LAW ASSOCIATION (JUNE 25-27, 2014)

The Review focuses on researching reports and presentations made at the 57th Annual Meeting of the Russian Association of International Law on June 25-27, 2014.

On June 25, the Meeting was opened by Doctor of Law, Professor, President of the Association A. Ya. Kapustin. In his speech, he expressed gratitude to S.Yu. Chucha, Doctor of Law, Chairman of the Moscow Arbitration Court, for his assistance in organizing and holding the Meeting, drew attention to the most important aspects of the Meeting program and gave the floor to the Deputy Chairman of the Moscow Arbitration Court, L.A. Gaverdovskaya.

L. A. Gaverdovskaya greeted the participants of the Meeting on behalf of the management and judiciary of the Moscow Arbitration Court and wished fruitful work, interesting discussions, solving problems and new scientific research that contributes to the development of international law and its effective application.

Then Ambassador Extraordinary and Plenipotentiary, Director of the Legal Department of the Ministry of Foreign Affairs of Russia K. G. Gevorgyan addressed the participants of the meeting with a greeting, who read out the greeting of the Minister of Foreign Affairs S. V. Lavrov.

Academician Russian Academy Sci., Director of the Institute of State and Law of the Russian Academy of Sciences A. G. Lisitsyn-Svetlanov wished successful work to all participants of the Meeting both on his own behalf and on behalf of the Institute of State and Law of the Russian Academy of Sciences, as well as on behalf of the Department of Social Sciences of the Russian Academy of Sciences.

Doctor of Law, Professor, Deputy of the State Duma Federal Assembly Russian Federation, V.N. Likhachev conveyed official words of greeting on behalf of State Duma Federal Assembly of the Russian Federation. He noted that the past year was full of the search for concepts and mechanisms for the most effective application of international law.

Head of Staff of the Association of Lawyers of Russia S. V. Alexandrov conveyed words of greeting from the co-chairman of the Association of Lawyers of Russia, Doctor of Law, Professor S. V. Stepashin, who for many years hosted the annual meetings of the Association within the walls of the Accounts Chamber of the Russian Federation and noted that the annual meetings Associations are excellent events for the transfer of knowledge and experience from older generations to younger generations of international lawyers.

Then he read out the greeting of the Chairman of the Association of Lawyers of Russia, Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Arbitration and Procedural Legislation, Honored Lawyer of the Russian Federation, Doctor of Law, Professor P. V. Krasheninnikov.

Deputy Minister of Justice of the Russian Federation M. A. Travnikov, on his own behalf and on behalf of the Minister of Justice of the Russian Federation A. V. Konovalov, expressed gratitude for the opportunity to take part in the 57th Annual Meeting of the Association and expressed his wish to strengthen the interaction of the Russian Association of International Law with the Ministry of Justice of the Russian Federation, both within the framework of the scientific advisory council and within the framework of activities under the auspices of the Ministry of Justice of the Russian Federation.

Bruno Uskin, Deputy Head of the Regional Delegation of the International Committee of the Red Cross in the Russian Federation, Belarus and Moldova, delivered a welcoming speech.

Then Doctor of Law, Professor, Deputy Chairman of the Court of the Eurasian Economic Community T.N. Neshatayeva considered some issues of the Treaty on the Eurasian Economic Union, signed in Astana on May 29, 2014.

After that, a plenary session "Generally recognized principles and norms of international law in the context of globalization" was held under the guidance of Doctor of Law, Professor E. G. Lyakhov.

Doctor of Law, Professor O. I. Tiunov made a presentation “The principle of sovereign equality of states in the system of norms of modern international law”.

He noted that in Lately the opinion is expressed that in connection with the creation of numerous integration systems, states lose part of their sovereignty. However, one cannot agree with the point of view that the transfer of any powers by the states to an integration entity means the loss of part of their sovereignty.

Doctor of Law, Professor S. V. Chernichenko made a presentation on "Imperative Norms and Generally Recognized Principles of International Law".

The speaker noted that the concept of "imperative norms" does not appear in the Constitution of the Russian Federation. However, this does not mean that the concept of "imperative norms" is absent in the Russian legal system.

Doctor of Law, Professor L. N. Galenskaya made a presentation “International Arbitration: History and Development Trends”.

The speaker noted that for a long time arbitration developed in parallel with mediation.

At the end of the XIX century. with the creation of the arbitral tribunal, a permanent arbitration body appears, which is sometimes called the Permanent Court of Arbitration.

Currently, the process of nationalization of arbitration as an institution for resolving disputes is underway. Arbitration tribunals become dependent on states that specify how arbitration should proceed.

Doctor of Law, Professor V. A. Kartashkin made a presentation "Reforming the human rights mechanisms of the United Nations in the context of globalization."

The speaker noted that the activities of the United Nations General Assembly have changed over the past decades. The United Nations General Assembly adopts normative resolutions that come into force only after they have been ratified by States.

Doctor of Law, Professor A. A. Moiseev made a presentation "Globalization and International Law". He noted that, by its very nature, international law is global law. The term "globalization" appeared in the 1990s. The emergence of globalization was associated with the perception of rules market economy all states of the world, as well as the emergence of the Internet in 1991 as a public network.

At present, globalization is objective. Of greatest interest is the economic component of globalization. The advantages of globalization are associated with ensuring the stability of the economies of states. The disadvantages of globalization are related to the fact that the only purpose of globalization in the economic sphere is to make a profit, which negatively affects the social sphere and security.

Doctor of Law, Professor O. I. Ivonina made a presentation "The problem of the international legal personality of the state in the new world order."

She noted that the concept of a new world order appeared as a response to the objective processes of globalization and became widespread in the Western science of international law.

Head of the Department of International Law, Lomonosov Moscow State University M. V. Lomonosov Ph.D. in Law, Associate Professor A. S. Ispolinov made a presentation “The Constitutional Courts of the countries of the Eurasian Economic Union and the Eurasian legal order”.

He drew attention to the fact that the formation of the Eurasian legal order is currently taking place. More than 90 international treaties have been concluded, more than 750 decisions of the Eurasian Economic Commission have been adopted, there are numerous decisions of the Court of the Eurasian Economic Union.

The constitutional courts of the countries of the Customs Union were very wary of the new legal order, since norms appear in national law, the constitutionality of which constitutional courts do not control.

Candidate of Legal Sciences, Associate Professor A. M. Barnashov made a report "On international treaties of constitutional and legal significance."

The speaker noted that in the system of international legal regulation of particular importance are international treaties with constitutional and legal content, which have a significant impact on the development of various branches of law. In a number of cases, international treaties require adjustments to the text of the constitution, and even its revision.

Candidate of Legal Sciences, Professor N. I. Malysheva made a presentation "On the theoretical origins of understanding the rule of law in international law."

She noted that legality could be seen as an idea, a principle or a legal regime. In modern international law, legality presupposes compliance with imperative norms, the provisions of the Charter of the United Nations.

Candidate of Legal Sciences, Associate Professor R. Sh. Davletgildeev made a presentation “The influence of civilizational features on the functioning of international labor law”.

In the modern world, along with globalization, there are also processes of regionalization. In this regard, some features of international labor law are being formed.

Among the civilizational features of international labor law, one can note the features of labor rights, migration features, etc.

Then a plenary session "Actual problems of international law in the context of globalization" was held under the guidance of Doctor of Law, Professor O. I. Tiunov.

PhD in Law, Associate Professor N. V. Afonichkina made a presentation “Legal Conditions for the People's Exercise of the Right to Self-Determination in the Light of the International Legal Principle of Equal Rights and Self-Determination of Peoples and Nations”.

She drew attention to the fact that one of the urgent problems of modern international law is the problem of self-determination of peoples. The principle of equality and self-determination of peoples was enshrined in Part 2 of Art. 1 of the Charter of the United Nations and detailed in many international legal instruments.

Professor B. M. Ashavsky made a presentation “The Doctrine of International Law at the Present Stage”. He noted that in the early stages of the development of international law, there were a small number of international treaties, and in this regard, the doctrine was one of the main sources of international law.

In the doctrine of international law at the present stage, many concepts are not used quite correctly. For example, the term "legality" refers to the internal law of States and therefore the concept of "international legality" is inappropriate in international law. The term "soft law", which refers to a set of resolutions of a recommendatory nature, should also not be used in international law.

Doctor of Law, Professor E. G. Lyakhov made a report "The subjects of ensuring the security of the world community." The speaker noted that at present the security threats to the world community are quite real.

In this regard, he considered the following issues: the concept and main components of security; the state as a political and legal mechanism and an object of security; the concept of the world community; modern threats to the security of the state and the world community; political and legal foundations for ensuring the security of states; international legal support for the preservation and protection of the world community, etc.

Candidate of Legal Sciences N. M. Bevelikova made a presentation “International Legal Problems of Integration in Asia in the Context of Globalization”. The speaker noted that the BRICS countries - Brazil, Russia, India, China and South Africa - are playing an increasingly important role in the system of international relations. In this regard, she considered some aspects of the status and activities of the BRICS.

PhD in Law, Associate Professor A. R. Kayumova made a presentation “Jurisdictional Grounds for Initiating Criminal Cases on the Situation in Ukraine: Principles of Universality and Protection”.

The speaker considered some of the legal grounds for criminal cases that have been initiated Investigative Committee Russian Federation in connection with the situation in Ukraine.

Candidate of Legal Sciences, Candidate of Political Sciences, Associate Professor K. L. Sazonova in the report “The Law of International Responsibility: Searching for Answers to the Questions “Who is to Blame?” and "what to do?" noted that the topic of law international responsibility is complex and very broad.

The most important problems of the law of international responsibility include the following: the obsolescence of the doctrine of the law of international responsibility in connection with the emergence of new concepts, such as the concept of humanitarian intervention; disorder of norms and concepts of the law of international responsibility; problems of implementation of the law of international responsibility; insufficient development of responsibility for serious violations of obligations arising from peremptory norms of general international law, etc.

Professor W. Butler made a presentation on the topic "Freedom of the Seas and Gerard de Reyneval". He noted that the 1811 study of the high-ranking French diplomat Gerard de Reyneval on the freedom of the seas touched on issues directly related to the Anglo-American conflict. Among others, this work explored the problems of claiming maritime territories, freedom of the sea, etc.

Candidate of Law, Associate Professor Kuan Zengjun made a presentation on "Delimitation of maritime spaces between China and its neighboring states."

The speaker noted that China is a continental maritime power. The total length of China's sea coastline is 17,000 kilometers. China borders on the sea with eight states. In this regard, China has always paid special attention to the delimitation of maritime spaces between China and its neighboring states.

Doctor of Law, Professor G. M. Melkov made a presentation “On insufficient coverage of the problems of military navigation in the Russian science of international law”. The speaker noted that in the scientific literature on international law, insufficient attention was paid to the legal status of warships.

Then a round table was held jointly with the European Association of International Law "International legal problems of activities in the polar regions" under the leadership of Doctor of Law, Professor A. N. Vylegzhanin and Vice-President of the European Association of International Law A. Nolkemper.

Professor Timo Koivurova made a presentation "Protection of the Arctic environment - approaches to the strategy of environmental protection in the Arctic and the Arctic Council". The speaker noted that joint efforts of the Arctic states are needed to protect the Arctic environment.

Professor Nele Matz-Luk, in her presentation “Marine Living Resources”, drew attention to the fact that the issue of marine living resources is very acute in the Arctic region. At the same time, new international legal agreements are needed to regulate the issues of marine living resources.

Doctor of Law V. S. Kotlyar in his report “Political and international legal advantages and problems that may arise for the Russian Federation in sea route” drew attention to the fact that at present the international community has become much more active in using the Northern Sea Route.

Doctor of Law, Professor Yu. N. Maleev made a presentation “On the Law of Environmental Protection in the Arctic Region”. The speaker noted that the situation in the oil and gas sector in the Arctic region is very difficult.

At the same time, by the time Russia has created all the necessary infrastructure, oil and gas reserves in the Arctic will have already been depleted. In this regard, the question of whether Russia should participate in the development of Arctic resources remains open.

Doctor of Law, Professor V.F. Tsarev in his message “ general characteristics the international legal status of the Arctic” noted that recently there have been publications on the legal aspects of the status of the Arctic, based on the 1982 United Nations Convention on the Law of the Sea.

Professor Lauri Malksoo in his report “Russian Legal Claims in the Arctic” drew attention to the fact that the main issue in the field of Russian legal claims in the Arctic is the distribution of natural resources.

In the field of Russia's legal claims in the Arctic, there are many problems that are still waiting to be resolved. However, the speaker expressed the hope that the states, as a result of the negotiations, would be able to reach a compromise solution.

A. Babina made a presentation "The rights of the inhabitants of the Arctic". She noted that fishing is the primary source of livelihood for the inhabitants of the Arctic. In this regard, in order to protect the rights of the inhabitants of the Arctic, joint efforts of states are needed to preserve its living resources.

On June 26, the section of private international law “Modern trends in the development of private international law. The role of international organizations” under the guidance of Professor S. N. Lebedev.

Professor E. V. Kabatova in her report “Modern trends in the development of private international law” considered the most relevant novels in Section VI of the Civil Code of the Russian Federation “Private International Law”.

Doctor of Law N. A. Shebanova made a presentation on new topic"Judicial Protection of Intellectual Property Rights in the Fashion Industry".

At the beginning of her speech, the speaker drew attention to the fact that the legal support of the fashion industry is a new specialization of lawyers dealing with the protection of rights to objects of intellectual activity. Articles, comments, monographs on the problems of protecting the rights of persons employed in the fashion industry that have appeared in the press indicate that a new direction, called "fashion law" - "fashion law", is being formed into an independent legal discipline that differs integrated approach to the consideration of the legal support for the functioning of the fashion industry and ways to protect the rights of persons employed in this industry.

The main emphasis in the speech was made on the fact that the specificity of intellectual property objects in the fashion industry dictates the need to address different ways protection. The popularity of a peaceful way of resolving a dispute, and it is used quite often when “fashionable” conflicts arise, is largely due to the timing: the seasonal nature of fashion, its variability dictates the need to find a compromise as soon as possible, otherwise the copyright holder simply loses interest: the object of the dispute goes out of fashion and costs to protect it become economically unprofitable.

The report emphasized that the emerging jurisprudence on the protection of rights to fashion objects indicates certain difficulties in dealing with this category of disputes. This is due to the specifics of the formulation and description of intellectual property objects, the need to distinguish between the utilitarian and aesthetic components of the disputed object.

Russian jurisprudence has not gone unnoticed either. The report analyzes one of the interesting cases considered by the Intellectual Property Rights Court - a dispute between Rospatent and Lacoste on the registration of the designation "L.12.12" as a trademark.

Doctor of Law, Professor G. V. Petrova made a presentation “International private law regulation financial markets».

The speaker drew attention to the fact that the issue of international private law regulation of financial markets has become increasingly important in connection with Russia's accession to the World Trade Organization.

Candidate of Law, Associate Professor E. V. Vershinina in her report “Conflict-of-law regulation of marriage in Russia and abroad (application of the Hague Conventions on separation and divorce)” noted that recently there has been a change in the conflict-of-law regulation of marriage in Russia.

A. V. Grebelsky made a report "Actual problems of application of the 1970 Hague Convention on the taking of evidence abroad in civil and commercial cases."

The speaker noted that under the 1970 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, the judicial authorities of some contracting states may directly request the authorized bodies of other states to provide evidence, execute letters of request. However, Russian courts do not fully use the Convention on the Taking of Evidence Abroad.

Professor O. N. Zimenkova made a presentation “Conflict regulation of obligations arising from unfair competition and restriction of competition”.

She noted that, as a general rule, obligations arising from unfair competition are reduced to minimizing damage to one or more competitors in the market.

According to Art. 1222 of the Civil Code of the Russian Federation, obligations arising from unfair competition are subject to the law of the country whose market is affected or may be affected by such competition.

Teacher A.E. Kolchenkova in her report “The Hague Convention on the Law Applicable to Road Accidents” noted that the number of road accidents involving citizens of other states is increasing in the Russian Federation.

Associate Professor E. I. Kaminskaya made a presentation “Types of damages in contractual and tort (including copyright) relations”. She noted that in 1992, in Russian legislation, in relation to programs of electronic computers, and then to other objects of copyright, such a method of protection as compensation appeared.

Postgraduate student P. E. Ivlieva in her report “Rebuttable and Invalid Arbitration Awards: Peculiarities in Swedish Law” noted that at present international arbitration is a very popular way of resolving disputes.

As a rule, state courts limit themselves to considering only the procedural aspects of arbitration proceedings and verifying that the principles of fairness and legality are observed.

V. Guskov in his speech “Legal Mechanisms for Combating Abuse of Interstate Double Taxation Treaties” noted that double taxation treaties are largely outdated at present.

Post-graduate student S. V. Usoskin in his report “Peculiarities of international legal protection of cross-border investments and investments in derivatives” considered topical issues of investment arbitration.

In the past, cross-border investments were defined as property values invested in the territories of foreign states.

Subsequently, in the context of globalization, new types of investments began to appear. In this regard, most states have concluded many bilateral investment protection agreements that provide a number of investor guarantees, such as receiving compensation in case of expropriation, the right to apply to arbitration, etc.

A. Nikitina in her report "On some questions of inheritance in private international law" considered some aspects of inheritance relations in private international law.

The complexity of inheritance issues lies in the need to unify them. Each state has its own traditions and its own legislation, which prevents its unification at the international level.

Candidate of Legal Sciences, Associate Professor I. A. Orlova made a presentation “Differentiation of Jurisdictions as a Consequence of the Development of Transnational Law”.

She noted that at present in the system of law there are a number of independent systems of national law, international law, law European Union. All these systems of law are self-sufficient, which is confirmed by the established mechanisms for resolving disputes. In this regard, litigation may be resolved under national law, international law or European Union law.

Then the section "Actual Issues of International Law in Regional Economic Integration" was held under the guidance of Doctor of Law, Professor A. A. Moiseev.

Doctor of Law, Professor E. G. Moiseev made a presentation "International legal foundations for the creation and operation of the Eurasian Economic Union."

The speaker noted that the Treaty on the Eurasian Economic Union dated May 29, 2014 sets out the main parameters of economic cooperation between states.

Doctor of Law, Professor M.S. Bashimov in his report “Problems of Eurasian Integration: Kazakhstan's View” noted that the conclusion of the Treaty on the Eurasian Economic Union was preceded by certain difficulties. Thus, the Republic of Kazakhstan and the Republic of Belarus did not fully agree to share competence and transfer part of their sovereign powers to supranational bodies.

Doctor of Law, Professor L. I. Volova in her report “The Law of Regional Economic Integration” noted that international integration is of great value.

In connection with the signing of the Treaty on the Eurasian Economic Union, there is a need to develop the law of international economic integration as a sub-branch of international economic law.

Candidate of Legal Sciences, Associate Professor N. M. Sidorenko made a presentation “Goals and “acquis” of the European Union in the light of the Lisbon Treaty”.

The speaker noted that the term “acquis” can be defined as a complex, interdisciplinary concept of a universal nature, which is increasingly being used in sociological, historical, and cultural contexts.

There is now an extensive literature on various aspects of the uniform use of the basic acquis elements. However, the notion of a "basic acquis" remains debatable and requires further research.

Candidate of Law, Associate Professor D.S. Boklan in her report “Natural Resources as an Object of International Environmental and International Economic Relations” drew attention to the fact that natural resources can be included in the structure of the subject of both international economic law and international environmental law.

Candidate of Legal Sciences O. V. Kadysheva made a presentation “Application of the provisions of the agreements of the World Trade Organization Russian courts».

The speaker recalled that the application of the provisions of the World Trade Organization agreements by Russian courts is carried out in accordance with paragraph 4 of Art. 15 of the Constitution of the Russian Federation.

However, the agreements of the World Trade Organization cannot be automatically integrated into the Russian legal system, since their application requires the improvement of national law.

This directly follows from paragraph 4 of Art. 16 of the Marrakesh Agreement establishing the World Trade Organization in 1994 2 , according to which member states are obliged to bring domestic legislation in line with their obligations arising from membership in the World Trade Organization.

Lecturer E. A. Vladimirova made a presentation “Possibilities of using the experience of European integration in building customs union Russia, Kazakhstan, Belarus.

She noted that borrowing the experience of European integration in building the customs union of Russia, Kazakhstan, Belarus can be carried out in the following main areas: conceptual apparatus; direct, immediate and priority action of the rules of law; powers to hold accountable, etc.

E. V. Mashkova in her speech “The procedure for resolving interstate disputes within the framework of the free trade area“ The European Free Trade Association ”(EFTA) considered some topical issues activities of the European Free Trade Association.

Candidate of Law S. V. Glandin in his report “Deoffshorization of the Russian Economy and International Law” noted that 9 out of 10 transactions concluded by large Russian companies are not regulated by Russian law.

In this regard, the deoffshorization of the Russian economy can be defined as a system of government measures aimed at a significant reduction in foreign offshore structures in Russian civil circulation.

Candidate of Law G. A. Korolev in his report “The Role of the Organization for Economic Cooperation and Development in Formation of the Global Financial Architecture and Development of the Financial Markets of States” drew attention to the fact that the Organization for Economic Cooperation and Development was established in 1961. Russia did not join Organization for Economic Cooperation and Development, but may nevertheless participate in its work.

Cooperation with the Organization for Economic Cooperation and Development can contribute to the application of best practices for the development of Russian financial markets.

Candidate of Law, Associate Professor N. A. Chernyadyeva in the report “The Conventional Model of International Terrorism as a Criminal Act” considered some universal anti-terrorist acts adopted in the United Nations system.

International terrorism is one of the consequences of globalization. Currently, there are 16 United Nations agreements in the field of combating international terrorism, in which more than 170 states participate.

Then the section "Actual problems of the theory and practice of international law" was held under the guidance of Doctor of Law V. S. Kotlyar.

Associate Professor E. I. Maksimenko in the report “Interests of the state and international community and their relationship in the international legal system” noted that modern international law is a model of a normal human community.

The interests of the international community are as follows: peace, security, general and complete disarmament, preservation of resources for future generations. At the same time, the interests of states are not fully reflected in the norms of international law.

In this regard, there are contradictions between the interests of states and the international community. If these contradictions are not resolved, conflicts may arise. different levels. Compliance with the principles and norms of international law will allow solving many global problems of our time.

Candidate of Legal Sciences A. V. Iglin in his report “The Role of Globalization in the Development of International and European Sports Law” drew attention to the fact that in the modern world sports legal relations are becoming global. Currently, globalization has a noticeable impact on legal acts and sporting events in various states.

A. M. Pochuev made a presentation "The impact of globalism on the effectiveness of national judicial systems."

He noted that at present, at the international level, unique systems for assessing the effectiveness of judicial systems, taking into account the economic, legal and cultural specifics, have been formed and are actively used.

Candidate of Legal Sciences, Associate Professor E. A. Karakulyan made a presentation “Lessons from the history of the science of international law in the era of globalization”. He dwelled on the need to modernize international law.

L. A. Eremeishvili made a presentation “A single criterion for the sustainability of biomass and some aspects of the applicable European and international law”.

She noted that biomass is a collective concept that covers a range of materials of plant and animal origin that can replace minerals such as oil, gas and coal.

Doctor of Law, Professor A. G. Bogatyrev made a presentation on topical issues of modern international law.

He noted that there is no crisis of international law. There is a crisis of understanding and especially the application of international law. According to the speaker, national law could be a source of international law.

On June 27, the section "Actual problems of international humanitarian and criminal law" was held under the guidance of Doctor of Law, Professor A. I. Abdullin.

Candidate of Legal Sciences E. S. Smirnova made a presentation “Internal Armed Conflict: Problems of Interaction between Politics and Law”.

She noted that the number of internal armed conflicts is constantly increasing. At the same time, their cruelty increases from year to year. In this regard, it is necessary to improve legal regulation and a unified classification of internal armed conflicts.

Postgraduate student V. S. Khachirova in her speech “Generally recognized norms and principles of international law in the Rome Statute of the International Criminal Court” noted that generally recognized norms and principles of international law are reflected in the statutes of international organizations.

One such statute is the Rome Statute, which established the International Criminal Court, the main purpose of which is to end impunity for the perpetrators of the most serious international crimes of concern to the entire international community.

Post-graduate student M. S. Gavrilova in her speech “The International Legal Regime of Occupation: Current Trends in Development” drew attention to the fact that international humanitarian law is beginning to lag behind the practice of applying the occupation regime.

Candidate of Legal Sciences S. A. Knyazkin made a presentation “Problems of unification of decisions of the European Court of Human Rights in criminal and civil proceedings”.

He noted that the decisions of the European Court of Human Rights are applied in the Russian judicial system. Thus, in the Decree of June 27, 2013 No. 21 “On the application by courts of general jurisdiction of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 and its Protocols” 3, the Plenum of the Supreme Court of the Russian Federation indicated that the legal positions of the European Court on human rights, which are contained in the final judgments adopted in relation to the Russian Federation, are binding on the courts.

Candidate of Law, Associate Professor V. R. Avkhadeev made a presentation “International legal regulation of control activities in the field of protecting the rights and freedoms of the indigenous peoples of the Arctic”.

He noted that the need to protect the rights and freedoms of the indigenous peoples of the Arctic is determined by climatic conditions, as well as the industrial development of resources.

Then the section "Actual Problems of International Human Rights Law" was held under the guidance of Doctor of Law, Professor S. V. Bakhin.

PhD in Law, Associate Professor D. E. Lyakhov, in the report “The international legal component of the human right to a society free from corruption”, noted that scientific literature under international law provides for the human right to a society free from corruption.

Corruption is characterized by the following main features: conscious subordination of state interests to personal interests; secrecy of execution of decisions; existence of mutual obligations; concealment of acts of corruption.

Candidate of Legal Sciences, Associate Professor R. M. Skulakov made a presentation "The role of international law in ensuring the territorial integrity of states and the realization of human rights."

He noted that the principles of territorial integrity and the people's right to self-determination are equal in international law. However, the interests of the state are served by the principle of territorial integrity.

In this regard, it is necessary to more actively use international legal documents in the period of globalization to defend the interests of the Russian Federation in the field of ensuring the territorial integrity of states and the realization of human rights.

PhD in Law Z. G. Aliyev in his report “New Trends in the Field of Human Rights: Business and Human Rights” noted the increasing impact of business on the implementation of human rights and considered some issues of international legal protection of children's rights, women's rights, etc.

Associate Professor B.S. Semenov made a presentation on international legal cooperation between Russia and the countries of the Asia-Pacific region, as well as on the application of international law by Russian courts of general jurisdiction, legal regulation of foreign investment, etc.

Postgraduate student D. R. Gilyazeva in her report “The right of indigenous peoples to a favorable environment in international law” noted that indigenous peoples are directly dependent on the environment natural environment. At the same time, there is no single definition of the term “indigenous people”. For indigenous peoples, the right to a favorable environment is equivalent to the right to life.

In a specially adopted statement regarding the violation of international humanitarian law in the course of armed clashes on the territory of Ukraine, the Association called on the parties to the conflict to stop armed clashes and ensure respect for human rights.

The Association listened to the report of the Doctor of Law, Professor, President of the Association A. Ya. Kapustin on the work over the past year, which was approved after an active discussion. The report of the Audit Commission was heard and unanimously approved. All participants of the Annual Meeting highly appreciated the scientific and organizational level of this event.

International Law Association

ASSOCIATION OF INTERNATIONAL LAW - 1) established in 1873 (Brussels), a non-governmental international organization of a scientific and applied nature, whose goals are to study the patterns of development of international relations, promote the progressive development of international public law and international private law, prepare proposals for the governments concerned to resolve international legal problems and the achievement of mutual understanding between peoples.

Originally (until 1895) called the Association for the Reform and Codification of the Law of Peoples, A.m.p. during its existence has had a serious positive impact on the formation of many institutions of modern international law. This was expressed, for example, in the creation, with the direct participation of legal scholars from all continents and legal schools united under its auspices, of such organizations as the Hague Conference on Private International Law (1893), the International Institute for the Unification of Private Law under the Council of the League of Nations - UNIDROIT (1928 ), United Nations Commission on International Trade Law - UNCITRAL (1996). Based on the applied developments of these organizations, numerous conventions have been adopted and are effectively operating, aimed at eliminating conflicts of national legislation in the field of family, inheritance, financial law, intellectual property, international trade, transport, tourism, international civil process, arbitration proceedings, etc. The Charter A.m.p. it provides for the possibility of participation in its work on the terms of individual and collective membership of jurists-theorists, lawyers-practitioners, lawyers, law enforcement officers, law enforcement and legislative authorities of various countries, political and public figures, diplomats, representatives of higher education professors.

Organizational structure of A.m. P; includes the Conference convened once every two years - the main representative body, the Administrative Council - the main executive body, consisting of the president of the Association and the chairmen of the national branches, as well as specialized committees operating on a permanent basis, each of which develops issues in one of the branches of the international public or private law, prepares reports for their consideration at regular congresses, drafts of international regulations.

Location of the headquarters of the A.m.p. - London.

2) The Russian Association of International Law (until 1991 - Soviet A.m.p.), formed on April 17, 1957 in accordance with the decision of the Presidium of the Academy of Sciences of the USSR and other decision-making authorities, an independent public organization whose goals are to contribute in every way to strengthening and enhancing the role of progressive principles and norms of international law. An important place in the activities of the Russian A.M.p. is to stimulate the development of the science of international law in the country, as well as to familiarize the general scientific community, applied workers with the latest ideas in the field of international jurisprudence, with the activities of interstate organizations, with international legal acts, the progress of work of diplomatic conferences, bilateral contacts of certain countries on legal issues. The constant attention of the Russian A.M.p. focused on increasing the scientific potential of international lawyers in the course of their training at universities, postgraduate studies, in such specialized training centers for international lawyers as the Moscow State Institute of International Relations, the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation.

The main bodies of the Russian A.M.p.: the annual general meeting of its members, elected for a period of 3 years, the Executive Committee, which includes an operational body - the Bureau of the Executive Committee, the Audit Commission, the Editorial Board, as well as specialized committees working on a permanent basis (there are 31 in total), whose tasks include preparing materials for hearing at general meetings in relevant areas of science of international law (public and private). The press organ of the Russian A.M.p. - Russian Yearbook of International Law (until 1991 - Soviet Yearbook of International Law).

Russian A.M.p. - a collective member of A.M.p. since 1957

The post of Chairman of the Russian A.M.p. from the moment of its foundation until his death in 1993, he was a permanent member. - corr. RAS Tunkin G.I. The current Chairman is Prof. Kolodkin A.L.

Volosov M.E.

From the book Collection of current resolutions of the plenums of the supreme courts of the USSR, the RSFSR and the Russian Federation on criminal cases the author Mikhlin A S

From the book Big Soviet Encyclopedia(AK) author TSB

From the book Great Soviet Encyclopedia (AS) of the author TSB

From the book Great Soviet Encyclopedia (KO) of the author TSB

From the book Great Soviet Encyclopedia (SU) of the author TSB

From the book Private International Law: Cheat Sheet author author unknown

From the book Civil Code of the Russian Federation the author GARANT

From the book Encyclopedia of the Lawyer of the author

From the author's book

Basic principles of international law BASIC PRINCIPLES OF INTERNATIONAL LAW (lat. principium - basis, origin) - a set of fundamental legal prescriptions that have for all subjects of international law the highest binding force of universally recognized