Influence of economic sanctions of the United Nations Security Council on the execution of private law agreements of an international character Kryuchkova Irina Nikolaevna. National and international economic security International economic

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Kryuchkova Irina Nikolaevna Influence of Economic Sanctions of the United Nations Security Council on the Execution of Private Law Treaties of an International Character: Dis. ... cand. legal Sciences: 12.00.03 Moscow, 2005 213 p. RSL OD, 61:05-12/2063

Introduction

CHAPTER I. Economic sanctions of the United Nations Security Council in the modern regulation of private law relations of an international character 18

1. Place of United Nations Security Council resolutions on economic sanctions in private international law 18

2. Resolutions of the United Nations Security Council on the imposition, suspension or lifting of economic sanctions as a source of private international law 28

CHAPTER II. The ratio of resolutions on the introduction of economic sanctions of the United Nations Security Council and domestic regulation in the field of concluding and executing private law treaties of an international character. 57

1. Peculiarities of national legal regulation of private law treaties of an international character in the context of the economic sanctions of the United Nations Security Council 57

2. State guarantees to national subjects of law when imposing economic sanctions of the United Nations Security Council 73

3. Mechanism for compensating for losses and damages to national subjects of law in the application of economic sanctions of the United Nations Security Council 89

CHAPTER III. Execution of private law treaties of an international nature in the context of the economic sanctions of the United Nations Security Council within the framework of national legal systems 107

1. The problem of legal independence of private law agreements from acts international law 107

2. Legal consequences of the application of economic sanctions of the United Nations Security Council to the regulation of contractual obligations arising from private law agreements of an international character 118

3. The impact of economic sanctions of the United Nations Security Council on the peculiarities of civil law regulation of the fulfillment of obligations arising from

private law treaties of an international character 167

Conclusion 184

Bibliography 196

Introduction to work

Relevance of the research topic.

In recent decades, in the national legal systems of states, there have been significant changes, reflecting the qualitative deepening of the interaction between international and domestic law, within which the interweaving of international private and international law is increasing. Of particular note in this is the growing role of international treaties and acts of international organizations, primarily the United Nations (hereinafter referred to as the UN), for the development of national law. various states, within the framework and under the auspices of international organizations, the most pressing and important issues for the entire world community as a whole are now being considered.

As noted by prominent international experts, “the intensity of the struggle that took place during the First World War revealed the possibility of new form impact, namely the so-called boycott or blockade. It has become obvious that a modern highly developed state finds itself in an extremely difficult situation if it is deprived of the resources of neighboring countries and falls into conditions of isolation” 1 . Thus, since the First World War, economic sanctions have been perceived as an accessible and effective tool of the “easy way to resolve conflicts”.

In accordance with the UN Charter, the Security Council (hereinafter referred to as the UN Security Council) has the right to decide on the imposition of mandatory economic sanctions based on the provisions of Art. 39 and 41. Prior to 1989, sanctions were applied twice; after that, he imposed sanctions 14 times, and the range of declared goals at the same time constantly expanded, covering the repulse of aggression, the restoration

1 Oppenheim L. International law. Disputes. War. T. 2: Polut. 1. Ed.:
Krylov SB. / Transl.: Ivensky A.N. M. Foreign lit. 1949. S. 183.

2 Brunot P. L "embargo, solution de facilite dans les conflicts intemationaux. Defense
nationale, no. 51 (novembre 1995). P. 75.

democratic governments, protecting human rights, ending wars, fighting terrorism and supporting peace agreements 1 .

Mandatory economic sanctions of the UN Security Council are implemented by states on their territory in the form of a national legal act on the introduction of certain prohibitions or restrictions. The latter can also apply to the implementation of any economic activity with the violating state and its legal entities and other entities, and to certain sectors of the economy. Such activities with the violating state and its entities are carried out both by the state itself and its institutions, and by subjects of national law, and, in particular, by subjects of foreign economic activity on the basis of concluded contracts. The introduced prohibitions and restrictions significantly affect the possibility of concluding and executing private law contracts of an international nature, including foreign economic contracts. The imposition of economic sanctions could seriously affect international connections entities under the jurisdiction of third States, as they will be required to provide guarantees that their goods and services are in no way intended for re-export to the offending State or its legal entities.

Economic sanctions of the UN Security Council are often an obstacle not only to the implementation of current economic activities in the form of international commercial exchange of goods and services in a particular area of ​​the economy, but also paralyze the ability to pay for services already rendered or goods delivered.

The introduction of economic sanctions is accompanied by various legal consequences of a material and financial nature (direct damage and unforeseen expenses of the parties to private law contracts

See: Report of the High Level Panel on Threats, Challenges and Change. UN document.

of an international nature) due to the impossibility of the parties to fulfill existing contractual obligations, imposing additional obligations on the parties to contracts to amend contracts, recognizing contracts, the terms of which contradict the national legal act on the imposition of economic sanctions, invalid, etc.

It should be noted that, being an important tool aimed at maintaining peace, and being a means of promoting legal values, social, economic and other achievements of democracy and the rule of law, protecting individual rights and combating international terrorism, at the same time, sanctions in a certain sense act as a source of legal danger and vulnerability to the rights and freedoms of individuals 1 , such as freedom of contract and the right to conduct business, freedom of movement, property rights, freedom of information, and others. Goals and objectives of the study.

The purpose of the study is to analyze the directions and nature of the impact of economic sanctions of the UN Security Council on the execution of private law treaties of an international character, the current state and trends in the interaction of international legal and national legal regulation in terms of the consequences of the application of mandatory economic sanctions by the UN Security Council, as well as to identify the nature of the legal relationship between resolutions of the UN Security Council and private law treaties of an international character.

In the course of the study, the following tasks were set and solved: - identifying the applicability of the legal concept of public international law "economic sanction of the UN Security Council" in the field of private international law; study of the place and role of this concept in PIL.

La Vodrama Ph. L "instrumentation du droit international comme source d" insecurite jundique et de vulnerabilite por les droits de I "homme: I "exemple de l" embargoio, Nord-Sud No. 21 (1999) P. 85.

determination of the range of private-legal relations and international treaties that formalize them, which may be affected by the implementation of economic sanctions of the UN Security Council;

the impact of economic sanctions of the UN Security Council on the regulation of private law treaties of an international nature in the domestic sphere;

identification of mechanisms for the enactment and implementation of economic sanctions that affect the execution of private law treaties of an international nature in the domestic law of individual states;

analysis of the impact of UN Security Council resolutions on the regulation of private law relations of persons under the jurisdiction of individual states, including the solution of the issue of the application of foreign law;

establishing the nature of the consequences of the application of economic sanctions and their types in the field of concluding and executing private law treaties of an international character;

determining the relationship between a binding act of an international organization and a private law treaty of an international character;

study of the influence of the main principles of the application of economic sanctions of the UN Security Council on the implementation of foreign economic activity;

analysis of the concept of "jus sanctionis".

Object of study legal consequences and their types serve as a complex phenomenon arising from the application of economic sanctions by international organizations, which has an impact on the execution of private law contracts of an international nature, as well as the impact of decisions of international organizations on the civil law regulation of international commercial obligations.

Subject of study make up the features of the category “economic sanctions of an international organization” in private international law, the correlation between the requirements of Security Council resolutions on economic sanctions and national legal norms governing the fulfillment of obligations arising from private law treaties of an international nature, and precisely the legal consequences of the application of economic sanctions by the UN Security Council to fulfill private law obligations under international agreements. Methodological basis of the study.

In carrying out this work, the author of the study used a wide range of different methods. The central place in the study of the subject was given general scientific methods system analysis and dialectical materialist philosophy, as well as special methods knowledge: logical-formal, formal-legal analysis and comparative law. In addition, the historical-retrospective method was essential for the present study.

The general principles of the methodology used in this work are reflected in the structure of the study. Theoretical base of the research.

The theoretical basis of the dissertation was the work of domestic and foreign researchers, both in the field of international private and civil law, and in the field of international public law.

As necessary, publications were involved, relating to the subject of research, considering certain aspects of the dissertation work from the point of view of history, history of law and philosophy.

In particular, the works of Soviet and Russian authors - representatives of branch legal sciences, primarily international and international private law, were widely involved: L.P. Anufrieva, M.P. Bardina, M.M. Boguslavsky, N.Yu. Erpyleva, D. Borisov, V.A. Vasilenko, G.M. Velyaminova, G.K. Dmitrieva, Yu.M. Kolosova, D.B. Levina, I.I.

Lukashuka, V.I. Menzhinsky, M.N. Minasyan, T.N. Neshataeva, B.C. Pozdnyakova, D.F. Ramzaitseva, E.I., M.G. Rozenberg, Skakunov, G.I. Tunkina, E.T. Usenko, N.A. Ushakov. In addition, the works of other international experts were also involved: K.A. Bekyasheva, G.V. Ignatenko, S.Yu. Marochkina, G.M. Melkov and others. Partially, the study was based on the works of pre-revolutionary Russian and foreign scientists: A.N. Mandelstam, M.I. Bruna, G. Grotsia, F.F. Martens. The works of foreign representatives of the science of international private and international public law, including: R. Ago, J. Burdeau, M. Bennouna, J. Brownlie, E. De Wet, V. Ch. Goleminov, V Holland-Debbas, G. Kelsen, P. Conlon, W. Koch, Magnus, P., W. von Mohrenfels, N. Krish, L. Oppenheim, B. Simma, L.A. Sicilianos, L.P. Forlatti, D.A. Frowijn, A. Cisse and others. Normative base of research.

The study used a variety of legal acts related to the sources of international private and international public law, unilateral acts of international organizations and states, materials of international organizations and conferences, the UN International Law Commission and the Commission on the UN Charter and strengthening the role of the Organization, legislative and other national legal acts of the Russian Federation and foreign states (Argentina, Belgium, Namibia, the Netherlands, Poland, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Finland, France, Germany, the Czech Republic, Switzerland, Sweden, South Africa, Japan, South Africa, etc.), as well as decisions of international and national judicial and arbitration bodies. Degree scientific development Problems.

IN conditions of globalization and the strengthening of international interdependence of states from each other, the legal consequences of economic sanctions of the UN Security Council for the execution of private law contracts of an international character,

given the growing scale of the UN's recourse to preventive and coercive measures not related to the use of armed force, naturally cannot be left out of the field of view of researchers. Although certain aspects of the problem of UN economic sanctions have received some coverage in the science of private international law, the works mainly raised questions of the relationship between international and national law, including civil law regulation 1 . However, the relationship between a binding act of an international organization, in particular, decisions on economic sanctions of the UN Security Council, and a private law treaty of an international nature in the aspect of PIL has not yet become the subject of analysis. Meanwhile, the impact of the economic sanctions of the UN Security Council on the civil law regulation of relations related to foreign economic activity or, in general, within the framework of relations lying in the sphere of international civil circulation, urgently requires understanding precisely from the standpoint of the relationship between international public and international private law.

Theoretical ideas of specialists in the field of private international law are based on generalized views and properly formulated conclusions of representatives of the science of international law on international legal sanctions and their place in international law, the legal nature and grounds for application 2 .

The UN Security Council sanctions have attracted the attention of lawyers from various fields, including those studying their impact in terms of respect for human rights (A.V. Kalinin, V.M. Chigarev), as well as the effectiveness of economic

1 See Legal regulation foreign trade in USSR. Ed. D.M. Genkina,
Vneshtorgoizdat, 1961 p. 32-38; Boguslavsky M.M. Legal regulation
foreign trade purchase and sale in relations between socialist countries //
Problems of private international law. - M.; IMO Publishing House, 1960. S.29-62; L.P.
Anufriev. Cooperation in the field of science and technology between socialist and
developing countries. M: Science. 1987. S. 106-126.

2 It should be clarified in this connection that in the science of international law itself there is no
contains a well-established, unanimously accepted definition of economic
sanctions.

sanctions (M. Genugten, A de Groot). Despite the fact that the consideration of this issue is not the purpose of this work, such studies contribute to a more complete analysis and proper solution of the tasks set, since special issues of the impact of UN Security Council economic sanctions on the fulfillment of international commercial obligations and on civil law regulation of private law relations international character were practically not considered. Separate publications in this part (G.K. Dmitrieva, I.I. Lukashuk) are notable for their insignificance.

It is worth noting that despite a solid list of studies concerning the problem of understanding international sanctions by the science of international law and their undoubted practical relevance, at present Russian private international law lacks a coherent system of established views on jus sanctionis, the scope of international sanctions, their legal consequences on execution of private law contracts of an international nature. Moreover, in the Russian legal literature, this concept is, in fact, unknown.

The main number of works devoted to the development of a comprehensive, or rather interdisciplinary, approach to understanding the application of economic sanctions and legal consequences belongs to foreign researchers. Separate works of such authors as M. Bennouna, V. Genugten, V. Holland-Debbas, J. De Groot, G. Kelsen, P. Conlon are directly devoted to the sanctions of the UN Security Council.

1 See about this: United Nations sanctions. Effectiveness and effects, especially in the field of human rights. A multi-disciplinary approach. Willem J.M. van Genugten, Gerard A. de Groot (editors). 1999. Intersentia Antwerpen - Groningen - Oxford; Gibbons, Elizabeth D., Sanctions in Haiti: Human rights and democracy under assault, Westport and London: Praeger Press, Center for Strategic and international studies, 1999; Kalinin A.B. Sanctions and Human Rights: International Legal Problems // Moscow Journal of International Law. No. 2. M. Intern. relationship. 2001. S. 155-166; Chigarev V.M. Sanctions, security and humanitarian action. // Actual international legal and humanitarian problems. Digest of articles. Issue. 2. M.: DA MFA of Russia. 2001, pp. 148-191.

A large share in scientific research on the legal consequences of the application of economic sanctions is the problem of the relationship between international economic sanctions and countermeasures applied by states. Serious attention of foreign researchers is paid to the place of decisions on international economic sanctions in the legal systems of states, the hierarchy of legal acts of individual states and decisions of international organizations, the procedure for implementing decisions on sanctions in the domestic sphere. It is worth emphasizing that at the present stage of scientific developments, a special interest of specialists in private international law is revealed in the problems that make up the specifics of the application of economic sanctions. In particular, the approach to the application of foreign law with the help of not only the means of private international law is subjected to serious analysis, and the problem of settling private law contracts of an international character in accordance with the law to be applied through the prism of the category of public policy is also considered in detail (L.P. Forlatti, L. .A. Sicilianos), international public order, "really international public order".

Despite the extensive foreign literature relating to economic sanctions in international law, it should be noted that there are practically no special legal studies on the consequences of economic sanctions of the Security Council in the aspect of private international law, and even more so in a special way of their impact on the execution of international commercial obligations, and in the foreign science of private international law (J. Burdeau, L.A. Sicilianos, L.P. Forlatti, A. Cisse).

Thus, the urgency of a deeper study of them becomes obvious, since the legal consequences of the impact of the application of economic sanctions by the UN Security Council on the execution of private law treaties of an international nature extend primarily to one of

most important areas - the implementation of foreign economic exchange of goods and services between individuals. The study of this issue will ultimately have to contribute to the development and deepening of knowledge of the relevant section of the science of private international law. Scientific novelty of the research.

An analysis of special domestic literature allows us to conclude that this study is the first dissertation work in the Russian science of private international law, devoted to a special study of various issues related to the effect of economic sanctions of the UN Security Council and their impact on the execution of private law treaties of international law. character.

The study made it possible to formulate and substantiate the following main provisions of the dissertation submitted for defense:

1. The concept of "economic sanctions of the UN Security Council" is characteristic not only
international public, but also international private law,
since the adoption of a legally binding decision for Member States
international organization (primarily UN) in international law
plan naturally entails its implementation in the domestic
sphere, fundamentally affecting the private law relations of international
character.

In the event that a state implements a UN Security Council resolution adopted in violation of the procedure established in the UN Charter, subjects of national law have the right to demand in court the recognition of a national legal act on invalidating the UN Security Council resolution.

Since the parties to private law contracts of an international nature become parties to economic sanctions of the UN Security Council without expressing their own will, they are entitled to receive compensation and other types of compensation if the losses, damages and actual expenses incurred by them were a direct result of the imposition of economic sanctions by the UN Security Council. Conceptually, providing

Such compensation can be carried out in two ways: at the expense of the state budget of the country applying the sanctions, or by applying to international institutions specially created for this purpose. Such compensation should be provided at the expense of the state budget of the country applying economic sanctions, or by applying to international institutions specially created for this purpose.

If the parties to the contract choose the law of the violating state as the lex causae, the latter, during the period of the UN Security Council economic sanctions, may be recognized by the competent state body as contrary to the fundamentals of the legal order of the country of the court and inapplicable due to the public policy clause.

The law of a third state, chosen by the parties as a lex causae, which, in violation of its international legal obligations, has not incorporated the requirements of the UN Security Council resolution into its internal legal order, may be recognized by the competent state body as contradicting the fundamentals of the legal order of the country of the court and inapplicable by virtue of the public policy clause.

The UN Security Council resolutions on economic sanctions can be attributed to acts that form the basis of the world legal order. Since the category of private international law “public policy clause” in the modern sense includes the fundamental norms of international law, its content should be expanded to include binding decisions of the UN Security Council on economic sanctions.

The legitimate unilateral refusal of the state to participate in economic sanctions due to the failure to reach agreement between the permanent members of the UN Security Council, which have the right to "veto", provided that the political goals of imposing sanctions are achieved, conditions the resumption of foreign economic activity with the violating state and its legal entities, as well as termination

the effect of prohibitions and restrictions imposed in accordance with the requirements of UN Security Council resolutions.

8. Existing legal framework for the implementation of decisions in the state
The UN Security Council should include such legal guarantees for the subjects
national law, such as: the introduction of economic sanctions not earlier than the date
official publication of the national act on giving them legal
powers in domestic law; legislating the right to
receiving compensation for damages and losses incurred; prompt cancellation
of the economic sanctions regime following the lifting proclaimed in the resolution
UN Security Council.

9. Security Council resolutions on economic sanctions, being acts
international public law, are addressed to the subjects of such law -
states, and, therefore, act as a source of subjective rights and
responsibilities for states. In the aspect of private international law for
private-law subjects of the UN Security Council resolutions become sources of law
in an objective sense and have legal force after the expression
specific state in some form of consent to their
obligation. This purpose is served by publishing in one form or another.
relevant national legal acts. However, the instructions in
UN Security Council resolutions on economic sanctions
regulation of subjective rights and obligations of subjects
domestic law put resolutions on a par with international
treaties as sources of private international law.
Practical and theoretical significance and approbation of the results of the work.

The theoretical aspects of the dissertation research outlined in the work can be used when reading the course of private international law, including the application of foreign law, international trade law, international civil procedure.

In practice, the results of the study can be applied in the work of the relevant competent state authorities, activities

which is connected both with the implementation of foreign and foreign economic policy, and judicial and arbitration consideration of disputes on private law transactions of an international nature.

The main conclusions and provisions of the dissertation were tested in articles published by the author, in speeches at scientific conferences, including students and graduate students, held in 2004 and 2005, as well as during practical classes at the Moscow State Law Academy as part of the study of the course of international private rights.

Kryuchkova I.N. International legal guarantees of the right to compensation for damages and losses incurred as a result of unauthorized armed invasion and occupation. Guarantees of the rights of individuals and legal entities in the Russian Federation. - In the book: On the 10th anniversary of the Constitution of the Russian Federation: Dokl. and message IV International. scientific-practical. conference. Moscow, 13 Apr. 2004 / Under. ed. N.I. Arkhipova, Yu.A. Tikhomirova, N.I. Kosyakova. M.: RGTU, 2004. (0.38 pp).

Kryuchkova I.N. Legal nature and features of economic sanctions of the UN Security Council. - In the book: Actual problems Russian law: Collection of scientific papers / Ed. Ed. THEM. Matskevich, G.A. Esakov. Issue. 1. - M., Polygraph OPT LLC, 2004. (0.56 p.l.).

Kryuchkova I.N. Influence of resolutions of the United Nations Security Council on the civil law regulation of commercial relations. - In the book: International Scientific and Practical Conference "Civil Legislation of the Russian Federation as a Legal Environment of Civil Society". In 2 volumes. Kuban State University. Krasnodar. 2005. Volume 1 (0.52 pp).

Kryuchkova I.N. Economic Sanctions of the United Nations Security Council in Public International Law and Private International Law: Monograph. - M.: MAKS Press, 2005 (9.25 sheets).

Kryuchkova I.N. Legal consequences of the application of economic sanctions of the United Nations Security Council for the execution of private law treaties of an international nature. International public and private law. M. Lawyer, 2005. No. 5. (0.5 pp).

In addition, the dissertation partially used the content of other publications: Kryuchkova I.N. Alphabetical and subject index // Commentary on the Civil Code of the Russian Federation. Part three (item-by-article) / Editor-in-chief. L.P. Anufriev. M .: Wolters Kluver, 2004. (1.01 pp).

Place of United Nations Security Council Resolutions on Economic Sanctions in Private International Law

When studying the impact of economic sanctions of the UN Security Council on the execution of private law agreements of an international nature, it is necessary to initially establish what exactly, in accordance with modern international law, can be considered an international economic sanction, what is their significance in private international law. In other words, on the one hand, it must be pointed out that the answer to the question of the place and significance of the institution of economic sanctions in private international law cannot be given in abstraction from international law. At the same time, it is necessary to take into account the specifics and nature of international sanctions, including economic ones, namely the UN system, predetermined by the special status of this organization, which is endowed with the subjects of international law - sovereign states - with special powers and which is guided in its activities by the unshakable foundations, goals and objectives of a common international law, acting in accordance with the Charter. On the other hand, no less important for solving the problem of economic sanctions of the UN Security Council in private international law is the definition of the circle of persons and areas of activity to which their influence extends.

No less urgent for the purposes of this paper is the definition of what exactly is meant by the concept of “private law treaties of an international character”. It is known that the concept of “foreign economic transaction” is a well-established concept in PIL, sometimes other designations are used - “international commercial transaction”, “international commercial contract”1. However, since the dissertation examines the issues of influence on an indefinite range of contracts, including contracts whose purpose is not to make a profit (sports events, exchange of scientific, technical and other experience, educational programs), none of these categories is adequate. Thus, the most general definition foreign economic transactions, present in the science of private international law, will not cover such contracts, since foreign economic contracts are concluded for the purpose of obtaining economic benefits, and commercial enterprises act as parties to such contracts. The category "foreign economic transaction" will therefore not act as a generic concept for transactions formalized by such contracts.

Non-profit organizations, in accordance with established practice, as a rule, are not supposed to be participants in foreign economic activity. However, the application of sanctions has no less impact on contracts concluded without the purpose of making a profit. In view of the above, it seems more appropriate to raise this issue of influence in a broader sense - on treaties of an international character.

In addition, the subject of the study also includes the problems of the impact of the application of economic sanctions on private law contracts concluded between the representative offices of legal entities of the violating state in the territory of the country implementing the sanctions, and legal entities of the latter.

This category of contracts from certain positions cannot be qualified as an “international transaction”1, however, there are also legal consequences for their execution of the kind in question, which makes it necessary to involve them in the analysis along with others. The listed circumstances, therefore, determine the use of terminology of a more general nature.

Up to the present time in the doctrine of international law there is no established uniform approach to the content of the concept of "international sanction". Disagreements are rooted in different understandings, uses and interpretations of the actual concept of “sanction”, both in the system of domestic law and in international law Security measures of a preventive or coercive nature in accordance with the provisions of Art. 39 and 41 of the UN Charter.

Peculiarities of National Legal Regulation of Private Law Treaties of an International Character under the Economic Sanctions of the United Nations Security Council

The question of the relationship between international legal and national legal elements of regulation of commercial relations when introducing economic sanctions of the UN Security Council, and in particular in the Russian Federation, has many aspects.

The international legal element is expressed in the fact that the binding decisions of the UN Security Council on economic sanctions are an act of international law, a source of law in an objective sense, a source of subjective rights and obligations for subjects of public international law and at the same time a legal fact. The subjective rights and obligations of the state, firstly, are carried out in accordance with Art. 25 of the UN Charter, and relations between a state and an international organization are of a public law nature. Secondly, given the unconditional universal legal force of the decisions of the UN Security Council adopted in accordance with Art. 39 and 41 of Chapter VII of the UN Charter, states are obliged to implement such decisions in their domestic sphere within their own territory in accordance with the prescribed constitutional procedures, to give them binding legal force, to monitor their implementation and to take measures in case of violation. The moment of occurrence of such subjective public law obligations of the state is the moment when the Security Council makes a decision in accordance with Chapter VII of the UN Charter.

The implementation by the state of its subjective international legal rights and obligations, which consist in the mandatory implementation of the decisions of the UN Security Council on the imposition of economic sanctions, is ensured by giving such decisions binding legal force on the territory of the state implementing them.

The national legal element of regulation is expressed in the binding nature of domestic legal acts for the national persons of the state. For subjects of national law, decisions of the UN Security Council should be considered legally binding from the moment they are given legal force within the state under whose jurisdiction they are, and not from the moment the decision of the Security Council is adopted. There is always a gap in time between the date on which a decision is taken by the Council and the date on which a State passes an act of national law giving legal effect to such a decision. During this period, the parties to private law international contracts continue to fulfill their contractual obligations because they are not obliged to follow the decisions of the UN Security Council, directly without instructions from the state, and also due to the fact that they are not obliged and may not always be aware of introduction of appropriate economic sanctions. In the event that the parties execute the decision of the Security Council without indicating the state to be bound by such a decision for national persons, the other party to the contract will have a reason to present claims for the fulfillment of the obligation, compensation for losses and expenses, provision of other compensation in connection with non-fulfillment or improper execution. Giving the decisions of the UN Security Council legal force on the territory of states is generally considered above from the point of view of the procedure for implementing (transforming or incorporating) an act of an international organization in accordance with constitutional procedures into domestic law. However, it is necessary to pay attention to some features of this procedure. At the same time, it is important to clarify that the implementation of an international act, as a rule, means the procedure for ratifying a normative legal act in accordance with the constitutionally established procedures or generally accepted practice of the state. In accordance with the current legislation of most states, the procedure for ratifying a treaty of an international legal nature is necessary for newly signed international treaties with the participation of a state. Considering directly the binding decisions of the UN Security Council on the imposition of sanctions, it is worth noting that the decisions are not international treaties in their essence, despite the fact that they have a similar international legal nature and many rules on international treaties may be applicable to acts of an international organization.

Decisions of the UN Security Council on the introduction of economic sanctions are taken in accordance with Art. 39 and 41 of the UN Charter, and by their legal nature, unlike international treaties, they are norms not of primary law, but of secondary law, i.e. accepted as a development of the ideas of the existing international treaty. The norms of the UN Charter are undoubtedly the norms of primary law. The right of an international organization to make decisions on the imposition of economic sanctions significantly distinguishes these decisions as sources of law from international treaties and agreements.

While international treaties are independent acts of international law and require a separate procedure for recognition, ratification or otherwise implementation of approval on the territory of the state, decisions of the UN Security Council are taken in development of the provisions of the UN Charter. The role of the decisions of the UN Security Council is of a functional auxiliary nature in the implementation of the main tasks assigned by the world community to the Organization and strengthening the effectiveness of their implementation. Decisions of the UN Security Council cannot be canceled, changed or issued by the state. The operation of an international treaty may be accepted by the state with reservations, an exit from the international treaty may be envisaged, and the state may also refuse to execute it in individual cases.

The problem of legal independence of private law agreements from acts of international law

In the science of private international law, there has long been an understanding of the independence and autonomy of private law international agreements from normative legal acts, including acts of national law and acts of international law, with the help of which conditions can be created that make the conclusion and execution of such a private law agreement possible and legal. The independence of private law contracts is expressed, in particular, in the fact that they are concluded, changed and terminated in connection with the coordination of the wills of the two subjects of civil law relations. “Despite the fact that the very acceptance of contractual obligations by foreign trade obligations and their fulfillment is possible only if the state takes appropriate measures (granting an export / import permit, issuing a license, permitting mutual settlements in foreign currency, etc.) that constitute the content their contractual obligations ... civil law relations arise only from the moment a contract is concluded between foreign trade organizations and are determined only by the provisions of this contract”1.

The emergence, change and termination of the international legal obligations of states, which occurred in connection with the Security Council resolutions on the introduction of economic sanctions, is a consequence of the expression not only of the unilateral will of the UN Security Council, but also of the corresponding wills of specific states. The influence of the decisions of the UN Security Council on private law contracts arises from the moment the state gives legal force to the resolutions of the Security Council on its territory. The will of the state is the most important factor when implementing decisions of the UN Security Council, since international law does not establish responsibility for non-compliance with mandatory sanctions of the UN Security Council. Here it is necessary to emphasize that when the subject of international law assumes certain obligations, their observance will rather be ensured by measures of international legal coercion that do not exist or are potentially possible in relation to the non-executing state, namely, by the own will of the state wishing to bind itself with such international obligations.

It is worth noting that the resulting temporary vacuum between the moment a decision of the UN Security Council is adopted and the moment that a decision of the UN Security Council is given legal force on the territory of a state is a consequence of the natural course of events, which cannot be said about the moment when such decisions of the UN Security Council are made binding, established solely by the discretion of the state itself. At the same time, the state determines not only the date from which such decisions become binding, but also the decision itself is made to give or not to give them legal force. The question of what underlies such a decision of the state in relation to the analyzed problem in this aspect is secondary. In this situation, it is important to note the role played by the adoption of a decision by the state to put the act of the UN Security Council into effect on its territory.

Decisions are made by expressing the will of the state in the form of an internal act, most often state-legal or civil legislation. To clarify the issue of the relationship between international legal and private law regulation, namely the act of the UN Security Council and the private law contract of an international character, the role and significance of the will of the state is one of the key points. Such a will, when introducing economic sanctions by the UN Security Council into the domestic sphere, is mediated by the adoption by the state of normative legal acts of national law, which will be a source of law for subjects of private legal relations and commercial transactions that formalize them. However, the key importance of the will of the state lies in the fact that it is a link between the UN Security Council resolution and private law contracts of an international character.

In accordance with the resolutions of the Security Council on economic sanctions, which are given legal force by an individual state on its territory, certain conditions are created for the subjects of foreign economic relations to conduct commercial activities related to international business transactions with counterparties of the country against which sanctions are imposed. Such conditions consist in the introduction, with the permission of the state, into such private law relations of regimes of prohibition, restrictions or granting of permits for the supply of previously prohibited types of goods, services, communications and for entrepreneurial activities.

The legal literature indicates that “... the main thing in the legal connection between an intergovernmental agreement (international treaty) and a civil law contract is the will of the state. In accordance with it, not only the international legal obligations of states are implemented (interstate agreements are implemented), but also the conclusion and execution of civil law contracts is ensured”1. By ensuring the conclusion and execution of civil law contracts, it seems necessary to understand the creation of various prerequisites, including a legal nature, certain conditions, and in general the foundations of the legal regulation of relevant relations. Despite the fact that the above statement refers to the relationship between an international treaty and a civil law contract, it should nevertheless be pointed out that its conceptual foundations are also applicable to the subject under consideration of the relationship between economic sanctions of the UN Security Council and private law agreements, since they point primarily to the relationship of elements of legal regulation in general: international law and civil law.

Decisions of the UN Security Council have legal force for subjects of international law and are comparable to the binding nature of an international treaty for states that have concluded it. Civil law agreements and transactions are a specific type of private law contracts as such, including international ones. Consequently, since the decision of the UN Security Council is by its legal nature an act of international law, its implementation in the domestic sphere requires the state to comply with practically the same procedures as the implementation of an international treaty, with the exception, perhaps, of certain circumstances that are related, for example, to the fact that for some agreements (in cases of ratification of an international treaty) there is an adoption of an internal act by representative - legislatures power, and Security Council resolutions, as a rule, are introduced by acts executive power(in the Russian Federation - by decrees of the President or decrees of the Government). Nevertheless, in this situation, the mediation of the legal connection between the act of the Security Council, acting as an act of international law, and the private law contract in the will of each given state is undoubtedly present.

International economic security is understood as such economic interaction of countries that would exclude deliberate damage to the economic interests of any country. Its implementation is carried out mainly at the supranational level of regulation of international economic relations and consists in the creation of an appropriate international legal mechanism.

International economic security is such a state of the world economy and international economic relations, which ensures stable economic development of states and creates conditions for mutually beneficial economic cooperation. The OIE system is designed to protect the state from such threats as a spontaneous deterioration in the conditions of world economic development; undesirable consequences of economic decisions taken without agreement between countries; deliberate economic aggression on the part of other states; negative economic consequences for individual states caused by transnational crime. The institutional system of the OIE can take various forms: global (UN, WTO, IMF), regional (integration groupings), block (group industrial development countries united in the Organization for Economic Cooperation and Development; a group of eight economically leading countries), sectoral (agreements on trade in certain goods), functional (regulation of the activities of TNCs, international scientific and technical relations and migration of citizens, regulation of monetary and financial relations, exchange of economic information, etc.).

The Encyclopedic Dictionary "Political Science" interprets international economic security as a complex of international conditions for coexistence, agreements and institutional structures that could provide each state - a member of the world community with the opportunity to freely choose and implement its strategy of social and economic development, without being subjected to external economic and political pressure and relying on non-interference, understanding and mutually acceptable and mutually beneficial cooperation on the part of other states.

Thus, the elements of international economic security include:

• * ensuring the sovereignty of states over their natural resources, production and economic potential;
• *the absence of exclusive priority in the economic development of individual countries or a group of states;
• *responsibility of states to the world community for the consequences of their economic policy;
• * focus on solving global problems of mankind;
• * free choice and implementation by each state of the strategy of social and economic development;
• * mutually beneficial cooperation of all countries of the world community;
• *peaceful settlement of economic problems.

Compliance with these principles contributes to increased overall economic efficiency as a result of accelerating global economic growth.

An example of solving the problem of collective economic security is the treaty on the European Union (EU), which established the economic and monetary unions of the participating countries. In accordance with it, the Council of Ministers of the EU determines the strategic directions of the economic policy of individual member states and the EU as a whole and controls the development of the economy of each EU state.

As in any other sphere of life, the realization of interests in the economic sphere occurs in various conditions and under the influence of various factors. In relation to the process of realization of economic interests, these conditions and factors can be both favorable and unfavorable. The first contribute to the realization of interests. The latter oppose this realization, hindering its course or even for the realization of these interests. Consequently, in order to be realized, economic interests need to be protected from the impact of everything that creates a danger for them. Unfortunately, it is almost impossible to protect all economic interests. But you can prevent them. That which creates danger. It's called a threat. Threat - a set of conditions and factors that create a danger to the vital interests of the individual, society and the state. Threats are of an objective nature and arise as a result of the emergence of contradictions between individuals, strata of society, classes, states during their interaction in the process of social development. security threats in modern world are largely international in nature.

The possibility of counteracting them largely depends on the degree of efforts of various states and their groups. the entire international community. A number of security threats simply cannot be neutralized at the level of individual nation states. One of the conditions for fruitful international cooperation is a similar understanding and definition of threats by different states and the development of unified methods to counter them. The threat of a global nuclear catastrophe has been replaced by new challenges, such as poverty, infectious diseases and mass epidemics, environmental degradation - environmental threats, wars and violence within states, the spread and possibility of using nuclear, radiological, chemical and biological weapons, drug trafficking, global financial and economic crises, international terrorism and transnational organized crime. These threats come from both non-state actors and states, and we are talking both the security of the individual and the security of the state. The scale of these threats has multiplied under the influence of such a complex and contradictory phenomenon as globalization. On the one side. In the context of globalization, the interdependence of states has sharply increased, and regional conflicts have begun to seriously threaten global security and stability. On the other hand, by deepening the uneven economic development of states, globalization creates a fertile environment for the accumulation of crisis potential in many countries of the world.

The most striking threats to international economic security can be grouped as follows:

1. The existence of the shadow economy - The shadow economy (hidden economy) is an economic activity that is hidden from society and the state, outside of state control and accounting. It is an unobservable, informal part of the economy, but does not cover it all, since it cannot include activities that are not specifically hidden from society and the state, for example, the home or community economy. Also activities that are not specifically hidden from society and the state, such as the home or community economy. Also includes, but is not limited to, illegal, criminal economies.

Consequences:

• · Deformation of the tax sphere is manifested in the impact on the distribution of the tax burden and. as a result, the reduction of budget expenditures.
• · Deformation of the public sector is manifested in the reduction of state budget expenditures and deformation of its structure. The impact on the monetary sphere is manifested in the deformation of the structure of the payment turnover, the stimulation of inflation, the deformation of credit relations and the increase in investment risks, causing damage to credit institutions, investors, depositors, shareholders, and society as a whole.
• · Influence on the system of international economic relations. Large illegal amounts, penetrating the world economy, destabilize the financial and credit system, deform the structure of the balance of payments of states, deform prices and negatively affect the income of private firms.

To the number positive sides Hidden economic activities include the possibility of preventing the bankruptcy of a private person or enterprise and providing employment for part of the population.

• 2. Depletion of natural and other types of resources - the irrational use of natural resources can lead to a significant deterioration in the quality of life of the population of the country, due to the exhaustion of traditional energy and mineral resources, and to the extinction of the nation (if no substitute resources or other means of solving the problem of human survival are found).
• 3. Economic crisis - serious disruption to normal economic activities. One of the manifestations of the crisis is the systematic, massive accumulation of debts and the impossibility of repaying them within a reasonable time. depletion natural resource pollution

The cause of economic crises is often seen as an imbalance between supply and demand for goods and services. The main types are the crisis of underproduction (deficit) and the crisis of overproduction. Every economic crisis leads to changes in the way of life and worldview of people. Sometimes these changes are short-term and insignificant, sometimes they are very serious and long-lasting.

• 4. Excessive protectionism (this is a policy of protecting the domestic market from foreign competition through a system of certain restrictions: import and export duties, subsidies and other measures, such a policy contributes to the development of national production, stimulating economic growth in general, as well as industrial growth and the growth of the country's welfare) .
• 5. High level of poverty of the population. Unemployment is a socio-economic phenomenon that implies the lack of work for people who make up the economically active population.

Consequences:

• Decrease in income
• ・Mental health problems
• Economic consequences (loss of GDP)
• Deterioration of the crime situation
• Deterioration in the growth dynamics of the population's interest in work
• Decrease in the level of provision of households
• 6. Capital flight abroad - spontaneous, not regulated by the state export of capital by legal entities and individuals abroad, in order to make their investment more reliable and profitable, as well as to avoid their expropriation, high taxation, losses from inflation.

Consequences:

• · the supply of foreign currency in the domestic market is reduced, which does not allow setting the real exchange rate of the ruble against foreign currencies (the exchange rate of the ruble becomes unstable);
• · the country's gold and foreign exchange reserves are being reduced, and this does not allow them to be fully increased and negatively affects the ruble exchange rate;
• · the taxable base decreases (the practice of daily export of assets inevitably gives rise to evasion of taxes levied on income on these assets) and revenues to the budgets of all levels are significantly reduced;
• · the country's investment climate is deteriorating significantly;
• · the country's economic growth is fundamentally constrained.

Today's threats cross national borders, are interconnected and must be addressed at the global and regional as well as national level. No state, no matter how strong it may be, can independently protect itself from modern threats. It also cannot be taken for granted that there will always be the ability and willingness to fulfill their responsibility to protect their people without harming their neighbors.

On October 27, 2017, the International Scientific and Practical Conference "Economic Security of States and Private International Law" was held at St. Petersburg State University (SPbGU). The conference is timed to coincide with the anniversary of the Honored Scientist of the Russian Federation, Doctor of Law, Professor L. N. Galenskaya.

The conference was opened by the Dean of the Faculty of Law of St. Petersburg State University, Associate Professor S. A. Belov. The conference was moderated by Professor S. V. Bakhin, Head of the Department of International Law of St. Petersburg State University.

Professor L. N. Galenskaya in her speech outlined the main challenges and threats to the economic security of the Russian Federation and emphasized the role of law in resolving these issues.

The conference was attended by leading scientists and practitioners: Professor A. Ya. Kapustin (First Deputy Director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, President of the Russian Association of International Law), Professor V. V. Ershov (Rector of the Russian State University of Justice ( RGUP)), Professor T.N. Neshataeva (Head of the Department of International Law of the RSUE, Judge of the Court of the EAEU) Professor M.L. Entin (Head of the Department of European Law, MGIMO), Professor W.E. Butler (USA), Associate Professor N.V. Pavlova (Judge of the Supreme Court of the Russian Federation), etc.

In his speech at the opening of the conference, Professor A.Ya. Kapustin noted the importance and significance of the issues brought up for discussion at this event for the current stage in the development of international relations and international law. Particular attention in the speech was paid to the issue of compliance of the application of unilateral economic coercive measures with the fundamental norms of international law, with particular emphasis on the need to develop an international legal assessment of such measures in relation to the Russian Federation. According to the speaker, the insufficiency and weakness of international legal mechanisms for ensuring international legality actualizes the issue of expanding the use of national legal means to counter unlawful unilateral restrictive measures, which requires Russian science relevant scientific research.

During the conference, the leading researcher of the Department of International Private Law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation A. I. Shchukin made a presentation on the topic “The principle of protecting the national legal order in Russian civil proceedings”.

England entered into bilateral treaties with European states on the mutual granting of the most favored nation treatment and soon took a dominant position in world industry, trade, credit relations, and maritime transport. European states have concluded bilateral treaties with each other on the mutual granting of most favored nation treatment. Russia at that time ranked fifth in the world in terms of industrial development.

The United States in the middle of the 19th century exported mainly raw materials, agricultural products and adhered to a protectionist policy, which was combined with complete freedom to import foreign capital. By the end of XIX - beginning of XX centuries. The United States has become the first industrial country in the world.

In the 20th century, human society has gone through gigantic technological shifts. Scientific and technological progress has changed the structure of industry, the nature of the entire production activity of mankind. The colonial system collapsed. The world has entered the stage of integration processes. The interpenetration of economies was expressed in the intensive cross-border movement of goods, services, investments, and labor. The industrial era began to give way to the informational, post-industrial era.

Currently, in the international division of labor there is a tendency to create a single planetary market for goods, services, and capital. The world economy is becoming a single complex.

The national economies of different states are thus interconnected by economic ties, which form international economic relations(IEO).

International economic relations find their practical expression in international trade, monetary, investment and other relations, i.e. in various types of travel resources.

The scale of the modern world economy and international economic relations can be illustrated by the following data. By the end of the 20th century, the total gross domestic product (GDP) in the world amounted to more than 30 trillion. dollars a year, the volume of world trade in goods - more than 10 trillion. dollars. Accumulated foreign direct investment has reached approximately 3 trillion. dollars, and annual direct investments - more than 300 billion dollars.

The share of the United States in world GDP during this period exceeded a quarter of the total indicator, the share in exports was 12%. The share of EU countries in world exports was 43%, Japan - about 10%. The main commodity flows and investment flows are concentrated within the framework of the "triad": USA-EU-Japan

Out of motion goods international trade is taking shape, i.e. paid total turnover. Paid imports and exports of one country are called foreign trade.

The system of legal regulation of interstate economic relations has its own "superstructure" - international economic law (IEP). The IEP is one of the branches of international law.

2. Elements of international economic law.

DEFINITION: International economic law is a system of legal norms governing relations between the subjects of international economic relations in connection with their activities in the field of international economic relations(in trade, financial, investment, labor resources areas).

Thus, object regulation in international economic law are international economic relations - multilateral and bilateral, cross-border movement of resources (in the broadest sense of "resources" - from material to intellectual).

The MEP has its own industries (sub-sectors of SE):

International trade law, which regulates the movement of goods, including trade in services and rights;

International financial law regulating financial flows, settlement, currency, credit relations;

International investment law, within which the movement of investments (capitals) is regulated;

The law of international economic assistance as a set of rules governing the movement of material and non-material resources that are not a commodity in the accepted sense;

International labor law, within which the movement of labor resources, labor force is regulated.

Some of the norms governing international economic relations are included in the international legal institutions traditionally included in other branches of international economic relations. Thus, the regime of maritime exclusive economic zones and the regime of the seabed as the "common heritage of mankind" are established by international maritime law; the mode of the market for services in the field of air transportation - international air law, etc.

MEO (in the broad sense of this concept) have, as you know, two levels of relations - depending on the presence public And private elements:

a) relationship public law character between MP subjects: states and international organizations. It is these relations in the field of international economic relations that are regulated by international economic law;

b) economic, civil law ( private- legal) relations between individuals and legal entities of different countries. These relationships are governed domestic law each state, private international law.

In the same time public subjects: states, international organizations - enter not only into INTERNATIONAL legal, but often CIVIL- legal relations.

Very often, especially when it comes to the development of natural resources, the regime for accepting and protecting foreign investment is determined in an agreement between the host state And private foreign investor. In agreements, the importing state, as a rule, undertakes not to take any measures to nationalize or expropriate the investor's property. Such agreements are called "diagonal", and in Western literature - "state contracts".

“Public contracts” (“diagonal agreements”) is a regulated subject domestic law; it is part of domestic law. At the same time, many Western lawyers believe that this is the area of ​​the so-called "international contract law".

For international economic relations, the problem has always been relevant immunity states. How should the principle of state immunity operate if the state enters into private law relations, into "diagonal" agreements?

The international legal principle of state immunity is closely related to the concept sovereignty. Sovereignty - this is one of the signs of the state, its inalienable property, which consists in the completeness of the legislative, executive and judicial powers on its territory; in non-subordination of the state, its bodies and officials to the authorities of foreign states in the spheres of international communication.

Immunity state is that it beyond the jurisdiction of the court another state (equal over equal has no jurisdiction). Immunity is enjoyed by: the state, state bodies, state property. Distinguish immunity:

- judicial: the state cannot be brought to court of another state as a defendant, except in cases of its express consent to this;

From preliminary securing of a claim: state property cannot be subjected to coercive measures in order to secure a claim (for example, property cannot be seized, etc.);

From the enforcement of a judgment rendered: state property cannot be subjected to measures of enforcement of a judgment or arbitral award.

Western legal theory has developed the doctrine of "split immunity" ("functional immunity"). Its essence is that the state entering into civil law contract with a foreign physical/legal person to perform the functions sovereignty(construction of the embassy building, for example), has the specified immunities.

At the same time, if the state enters into such an agreement with a private person with commercial purposes, then it should be treated as a legal entity and, accordingly, should not enjoy immunities.

The legal doctrine of the USSR, the socialist countries, and many developing states proceeded from the non-recognition of the doctrine of "split immunity", bearing in mind that even in the economic turnover, the state does not renounce sovereignty and does not lose it. However, in modern conditions, in a market or transitional economy, opposition to the functional theory of immunity is largely meaningless, since economic entities are no longer “state-owned”. The legal policy and position of Russia and the CIS countries should accept (and actually adopted) the doctrine of "split immunity", which will contribute to a favorable legal investment climate, the entry of these countries into the legal field of regulation of the IER.

States, interacting in international economic relations, enter into legal relations, bear legal rights and obligations. Of the many legal relationship formed international economic order.

The following circumstances have a significant impact on the international economic legal order:

a) in economic relations between national economies, two trends are constantly opposing - liberalization and protectionism. Liberalization is the removal of restrictions on international economic relations. Currently, within the framework of the World Trade Organization (WTO), a multilaterally coordinated reduction of customs tariffs is being carried out with the aim of their complete elimination, as well as the elimination of non-tariff regulatory measures. Protectionism is the application of measures to protect the national economy from foreign competition, the use of tariff and non-tariff measures to protect the domestic market;

b) on legal status a particular state in the MEO system affects the degree of influence of the state on the economy - the economic function of the state. Such impact can range from direct participation in economic activity to different levels state regulation economy.

So, in the USSR, the entire economy was state-owned. In the foreign economic sphere, there was a state monopoly on foreign economic activity: foreign economic functions were carried out through a closed system of authorized foreign trade associations. Such a market instrument for regulating imports as a customs tariff was not of decisive importance in a planned, state-owned economy.

In countries with a market economy, the state does not interfere in the economy so totally, its intervention takes the form of state regulation. All subjects of economic activity have the right to carry out foreign economic relations. The main instrument for regulating foreign economic relations is the customs tariff (along with non-tariff measures).

The deep basis of the various approaches of the state to the management of the sphere of foreign economic activity (FEA) were radically opposite views on essence state and its role in society.

The modern world economy is based on the principles of a market economy. The international economic legal order, therefore, is designed for the interaction between market-type states. The states that were socialist in the past (about 30 states), making the transition from a planned, state, economy to a market economy, received a special status "states with economies in transition".

The balance between market mechanisms of international economic relations and state regulation of the economy is established in the contradictions between liberalization and protectionism.

Everything about which states enter into legal relations is subject legal relations. Subject contract legal relations of individuals in the field international economic relations can be: goods, services, finance (currencies), securities, investments, technologies, property rights (including intellectual property), other property and non-property rights, labor force, etc.

Subject interstate - public - legal relations in the field international economic relations, are usually legal modes trade, access of goods to the domestic market, market protection, principles of trade settlements, the use of tariff and non-tariff measures to regulate foreign trade, import / export, control over world prices in commodity markets, regulate trade flows, transport goods, the legal status of individuals engaged in foreign economic activity and so on.

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Introduction

1.1 Theoretical aspects national security

1.2 Threats to Russia's national security

2.1. Theoretical aspects of international economic security

Chapter 3. Ways to strengthen the national and international economic security of Russia

3.2 Ways to strengthen the international economic security of Russia

Conclusion

Bibliography

Introduction

The problems of ensuring national and international security have faced humanity at all times. They acquired a special meaning at the beginning of the 20th century in connection with the reality of the threat of a world war, therefore, at the beginning of the development of the theory and security policy, they were identified with issues of preventing wars. After the First World War, they received official recognition. One of the steps of practical policy in this direction was the creation of the League of Nations. But it was not possible to solve the issues of preventing war: the 2nd World War and after it" cold war". The end of the latter was not marked by the cessation of wars and armed conflicts. Moreover, ensuring national and international security in modern conditions has required expanding this concept beyond the prevention of wars and armed conflicts.

Security problems have acquired fundamentally new features in the modern world, which is multifaceted, dynamic and full of sharp contradictions. current life characterized by the involvement of all mankind in world processes, whose course is accelerated by unprecedented scientific and technological progress, the aggravation of social, economic, raw materials and other problems that are becoming global in nature, until the 90s in the scientific literature in our country and abroad, issues of international security of the state were mainly developed. This was due to the growing interdependence of various states and peoples of the world, the internationalization of their economies, and the emergence of global weapons of mass destruction. The global threat to humanity from industrial activity has also increased.

The concept of international and national security, in the Russian scientific literature, international security is considered as a state of political, economic and other relations between states, eliminating the threat of aggression by one or a group of states against another state or group of states and ensuring their peaceful coexistence on the basis of equality, non-interference in internal affairs each other, respect for national independence and self-determination of peoples, as well as their free development on a democratic basis. As can be seen from the above definition, international security acts only as a favorable external environment for the development of states. This approach stemmed from the primacy in international politics to ensure the security of the state.

The relevance of the topic under consideration lies in the fact that the interest of the world community in security issues is steadily growing, which is associated with the permanent crisis phenomena of the late XX - early XXI century, the severity of which directly raised the question of the future fate of all mankind. Dynamic changes in the world geopolitical situation, the international position of Russia and the conditions for its internal development, the activation of international terrorism, negative factors socio-economic development of the country, new trends in the aggravation of threats to the interests of citizens, society and the state pose an urgent task for all state authorities to develop effective measures aimed at practical resolution of key problems of ensuring national security.

The purpose of the work is to reveal the essence of Russia's national and international economic security and explore ways to strengthen it.

Tasks of the work: - to analyze the concepts of national and international economic security;

To study the main components of national and international economic security;

Consider the threats to the national and international economic security of Russia, its types and forms;

To reveal the content of the modern doctrine of national and international economic security of Russia

The subject of the study is the national and international economic security of Russia.

The object of the study is the main patterns of the emergence, formation and development of relations in the field of legal support for the national and international economic security of Russia.

Research method - general scientific and private scientific methods of cognition of social and legal phenomena and activities for the legal support of the national and international economic security of Russia.

Real course work consists of an introduction, three chapters with six paragraphs, a conclusion and a list of references.

Chapter 1. The concept of national economic security

1.1 Theoretical aspects of national economic security

The term "national security" was first introduced into the political lexicon by US President Theodore Roosevelt in 1904. Until 1947, it was used in the sense of "defense", and not the integration of foreign, domestic and military policies. In 1947, the US Congress passed the National Security Act, which created the National Security Council (NSC), which still exists today. It develops a system of goals, interests, threats and national policy priorities. Since 1971, a NSC subcommittee has been in place to set US priorities.

In the USSR, the problem of national security was not officially developed. It was, as it were, included in the category of “defense capability” familiar to the Soviet era.

In our country, since the beginning of 1990, understanding the problem of national security has been undertaken within the framework of the USSR Supreme Soviet Committee on Defense and State Security. The National and International Security Fund and a number of initiative groups were created. The result of many years of work of our scientists and deputies was the Law of the Russian Federation "On Security", which was adopted by the Supreme Council of Russia on March 5, 1992.

In accordance with this law, security is considered as a state of protection of the vital interests of the individual, society and the state from internal and external threats.

IN Russian history The term "national security" was first used in 1995 in federal law"On Information, Informatization and Information Protection". The concept of "national security" was further developed in the Address on National Security of the President of the Russian Federation to the Federal Assembly of June 13, 1996: "... national security is understood as a state of protection of national interests from internal and external threats, ensuring the progressive development of the individual, society and the state" .

The fundamental document in the field of security, first approved by the President of the Russian Federation in 1997, as amended in 2000, is called the National Security Concept of the Russian Federation.

It defines that the main objects of security include: the individual, society and the state. Society and the state are closely linked. At the same time, the main link between them is the personality. The protection of her life and health, rights and freedoms, dignity and property is of paramount importance.

Personal security consists in the real provision of constitutional rights and freedoms; improving the quality and standard of living; physical, spiritual and intellectual development.

The security of society includes the protection of its material and spiritual values, law and order, the strengthening of democracy, the achievement and maintenance of public harmony on the basis of the principle of social justice.

However, such a state, when there are no threats, is ideal. In reality, there is always a certain danger or possibility of its occurrence. Therefore, the concept of security includes the ability of society to withstand possible threats.

Danger is a well-realized, but not fatal, probability of harming the interests of society.

A threat is a real, immediate possibility of damaging vital interests.

Sometimes the concepts of "danger" and "threat" are equated, considering the differences between them insignificant. But it is still more correct to interpret danger as a certain probability of causing damage. This means that it can exist, but there will be no threat, and only under certain conditions can danger reach the nature of a threat.

It is characterized by four major features. First, it is a dynamic increased danger. Second, demonstrating a willingness to commit violence to cause damage. Thirdly, the threat is understood as the intention of some subjects to harm others. Fourthly, it is the highest degree of transformation of possible damage into reality.

For example, after coming to power in the early 1930s, Hitler declared that Germany needed living space in the East. Such views were a danger to the Soviet Union. The threat was the concentration of Nazi troops near the Soviet border.

The security of the state lies in the protection of its constitutional order, sovereignty, territorial integrity, the establishment of political, economic and social stability, the unconditional implementation of laws, resolute opposition to destructive forces, corruption, bureaucracy, and attempts to gain power for selfish purposes.

Political security is an integral part, the main link and the basis of national security. This is the state of the political system, which guarantees the rights and freedoms of citizens, social groups, ensures the balance of their interests, the stability and integrity of the state. In this context, the words of our great compatriot, historian Nikolai Mikhailovich Karamzin, are appropriate: "Personal security is the highest law in politics ...".

An integral feature of the political security of the state is sovereignty. This concept is defined as the ability of the state to conduct an independent foreign and domestic policy. In other words, sovereignty is the supremacy of state power within the country, meaning the subordination to it of all persons and organizations within state territory and independence in international relations.

Economic security is the state of life of the individual, social group and society as a whole, which guarantees the protection of their material interests, the harmonious, socially oriented development of the economy, and ensures the ability of the state to determine, without outside interference, the ways and forms of its economic development.

Social security can be defined as such a state of development of the individual, various groups of the population, society and the state, in which they remain satisfied with their social status, and relations within and between them are not confrontational.

Information Security. It understands the ability of the state to protect all spheres of public life, the consciousness and psyche of citizens from negative information impact, providing management structures with reliable data for their successful functioning, preventing the leakage of classified socially valuable information and maintaining constant readiness for information confrontation within the country and on the world stage.

Military security is a state in which a nation does not sacrifice its interests for fear of being involved in a war and is able to reliably and effectively protect them by military means and methods if war cannot be avoided.

The specificity of this type of security lies in the fact that military security serves as a condition for ensuring many other types of security and, at the same time, is ensured on their basis.

Historical experience shows that the absence or weakness of the state militarily often pushed other countries to armed aggression, the implementation of their interests in a particular region by ignoring or infringing on others. In the 19th century, the Prussian general F.D. Galtz rightly argued that the best way to keep the peace is to have a strong and well-organized army, for "the strong do not run the risk of being affected so easily as the weak."

The strategy is the basis for constructive interaction between public authorities, organizations and public associations to protect the national interests of the Russian Federation and ensure the security of the individual, society and the state.

In addition, this document clarifies and concretizes a number of important concepts of the theory of national security:

National security - the state of protection of the individual, society and the state from internal and external threats, which allows to ensure constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the state.

The national interests of the Russian Federation are a set of internal and external needs of the state in ensuring the security and sustainable development of the individual, society and the state.

National security system - forces and means of ensuring national security.

National Security Forces - the Armed Forces of the Russian Federation, other troops, military formations and bodies in which federal legislation provides for military and (or) law enforcement service, as well as federal government bodies participating in ensuring the national security of the state on the basis of the legislation of the Russian Federation .

National security means - technologies, as well as technical, software, linguistic, legal, organizational means, including telecommunication channels used in the national security system to collect, form, process, transmit or receive information about the state of national security and measures to strengthen it .

1.2 Threats to Russia's national economic security

Threat to national security - a direct or indirect possibility of damaging constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty and territorial integrity, sustainable development Russian Federation, defense and security of the state.

The development of the world follows the path of globalization of all spheres of international life. Contradictions have become aggravated between states, connected with the uneven development as a result of globalization processes, the deepening of the gap between the levels of prosperity of countries. Values ​​and development models have become the subject of global competition.

Threats to Russia's military security are the superiority of a number of leading foreign countries in the development of high-tech means of warfare, the unilateral formation of a global missile defense system and the militarization of near-Earth outer space.

Today, according to the forecasts of Russian researchers, near the borders of Russia, confrontation is intensifying for access to natural, energy, scientific, technical, human and other resources, as well as for expanding opportunities, including legal ones, for their use. In the so-called color revolutions in Georgia, Ukraine and Kyrgyzstan, the intervention of the West paralyzed the military-political leadership of these countries, ensuring their submission to the instructions of Western embassies.

The so-called "information terrorism" also poses a threat to Russia's national security at the present time. It has become an integral part of the global information society. It can be considered a manifestation of extreme extremism in the information sphere, aimed at achieving political goals through the nomination by individuals or an organized group of individuals of demands on power structures that cannot be satisfied within the existing legal framework.

Studying the National Security Strategy of the Russian Federation until 2020, it can be concluded that several main groups will pose a threat to Russia's national interests:

The first group - includes potential threats, dangerous geopolitical interests of our country, position and status in the world community. They are also directed against the territorial integrity and independence of the foreign policy of the Russian state.

Factors can be:

Actions of states aimed at violating the integrity of the Russian Federation and satisfying territorial claims against the Russian Federation, with references in some cases to the lack of a clear treaty-legal formalization of interstate borders;

The actions of other countries aimed at undermining and restraining integration processes within the CIS, weakening the ties of the Russian Federation with the countries of Central, of Eastern Europe and the Baltic States, as well as with other states in the areas of traditional cooperation, which are becoming more and more coordinated;

Violations of the rights and freedoms of the Russian-speaking population and citizens of the Russian Federation living in neighboring states, leading to increased tension (including in certain regions of Russia) and uncontrolled migration processes;

The policy of double standards pursued by certain forces abroad, who, while declaring in words the need to ensure stability in the Russian Federation, in fact, are trying to do everything in their power to prevent this and thereby reduce the importance of the Russian Federation in solving key problems of the world community and activities of international organizations.

The second group - consists of potential threats that have a geo-economic dimension that can weaken Russia's position in international economic relations, create difficulties for the progressive growth of the economic potential of our country, improve the welfare of the people and strengthen the country's defense capability.

This group includes threats:

The desire of the leading Western countries to weaken the economic independence of the Russian Federation and secure its role as a supplier of fuel and raw materials for the world economy and a source of skilled but cheap labor;

Attempts to limit Russia's presence in foreign markets (including the arms market), as well as actions to force it out of them;

The actions of the "partners" aimed at maintaining restrictions on the access of the Russian Federation to advanced technologies, creating obstacles for Russia's full participation in international financial and economic trading structures and organizations.

The third group is potential threats in the energy and resource sectors that can create obstacles to the development of the Russian Federation as a world energy power, expressed in the claims of foreign states for natural resources our country, to its colossal natural resource base.

Analysts note that in the near future our country, as the owner of the world's main fuel and energy resources, will be subject to strong geopolitical pressure from consumer countries. Such pressure, according to the forecasts of Russian researchers, can be carried out in the following most probable forms:

The advancement of new territorial claims against the Russian Federation and statements similar to those made in early 2007 by the then US Secretary of State Condoleezza Rice and Madeleine Albright that Siberia has such large reserves of resources that they belong not to Russia, but to the world;

Attempts to ignore the interests of the Russian Federation in solving problems of international security, counteracting its strengthening as one of the influential centers of the multipolar world;

Inciting new hotbeds of armed conflicts, primarily near the borders of the Russian Federation and the borders of its allies (the Middle East, Central Asia, the Caucasus, the Balkans);

Carrying out all kinds of covert, subversive, reconnaissance and propaganda operations to take control of the extraction and distribution of fuel and energy resources;

Creation of groupings of troops leading to a violation of the existing balance of forces near the borders of the Russian Federation and the borders of its allies, as well as on the seas adjacent to their territory;

The expansion of the influence of the North Atlantic Alliance, the desire to gain a foothold in the post-Soviet space, as well as attempts to use the combined military power of NATO to exert military and political pressure and obtain concessions in access to fuel and energy resources;

The introduction of foreign troops in violation of the UN Charter into the territory of states adjacent to the Russian Federation and friendly to it (the creation of military bases and the deployment of groupings of troops in the territories of the former republics of the USSR).

The fourth group is potential threats that are directly of a military nature. The elimination of such threats is connected with the prevention of situations in which military aggression against the Russian Federation or an attack on its military contingents and citizens outside our state could be committed.

Many Russian researchers refer to the main external military threats as follows:

Deployment of groupings of forces and means aimed at a military attack on Russia or its allies;

Territorial claims against the Russian Federation, threats of political or forceful exclusion of certain territories from it;

Implementation by states, organizations and movements of programs to create weapons of mass destruction;

Interference in the internal affairs of the Russian Federation by foreign states or organizations supported by foreign states;

Demonstration military force near the borders of Russia, conducting exercises with provocative goals;

The presence near the borders of the Russian Federation or the borders of its allies of centers of armed conflicts that threaten their security;

Instability, weakness of state institutions in border countries;

The build-up of groupings of troops, leading to a violation of the existing balance of forces near the borders of the Russian Federation or the borders of its allies and the sea waters adjacent to their territory;

Expansion of military blocs and alliances to the detriment of the military security of the Russian Federation or its allies;

The activities of international radical groups, the strengthening of the positions of Islamic extremism near Russian borders;

The introduction of foreign troops (without the consent of the Russian Federation and the sanction of the UN Security Council) on the territory of states adjacent and friendly to the Russian Federation;

Armed provocations, including attacks on military installations of the Russian Federation located on the territory of foreign states, as well as on objects and structures on the state border of the Russian Federation or the borders of its allies;

Actions that impede the operation of the Russian systems of state and military control, ensuring the functioning of strategic nuclear forces, warning of a missile attack, anti-missile defense, control of outer space and ensuring the combat stability of troops;

Actions that impede Russia's access to strategically important transport communications;

Discrimination, suppression of the rights, freedoms and legitimate interests of citizens of the Russian Federation in foreign countries;

Distribution of equipment, technologies and components used for the manufacture of nuclear and other types of weapons of mass destruction, as well as technologies dual purpose, which can be used to create weapons of mass destruction and their means of delivery.

Integral part military threat The national security of the Russian Federation is a threat from aerospace. The transformation of means of combat in aerospace into the main weapon of modern wars and their intensive development by leading foreign countries testifies to the objective growth of this type of threat.

These and other factors taken together make it preferable for Russia's potential opponents of an aerospace attack over ground-based means of attack. The situation around Russia is taking shape today under the influence of cardinal changes taking place in the system of the emerging new image of Russia and the new image of the world order. The geostrategic position of Russia imposes a strict requirement: to be in constant readiness to repulse external threats, including from deployed groupings of forces and means of aerospace attack and anti-missile defense of foreign states. First of all, we are talking about those states whose geopolitical interests are or may come into conflict with the corresponding interests of Russia.

Chapter 2. The concept of international economic security

2.1 Theoretical aspects of international economic security

The development of globalization leads to the emergence of the problem of international economic security. The processes of globalization can contribute to the emergence of crisis phenomena at the international, national and regional levels. A striking example is the financial crisis that arose in 1997 in South-East Asia and spread during 1998 in a number of states in other regions. Ukraine experienced part of the consequences of this crisis in August-September 1998.

Further development of integration processes in the world leads to convergence of national economic security with international economic security.

The Encyclopedic Dictionary "Political Science" interprets international economic security as a complex of international conditions for coexistence, agreements and institutional structures that could provide each state - a member of the world community with the opportunity to freely choose and implement its strategy of social and economic development, without being subjected to external economic and political pressure and counting on non-interference, understanding and mutually acceptable and mutually beneficial cooperation on the part of other states.

Thus, the elements of international economic security include:

Ensuring the sovereignty of states over their natural resources, production and economic potential;

Lack of exclusive priority in the economic development of individual countries or a group of states;

Responsibility of states to the world community for the consequences of their economic policy;

Focus on solving global problems of mankind;

Free choice and implementation by each state of the strategy of social and economic development;

Mutually beneficial cooperation of all countries of the world community;

Peaceful settlement of economic problems.

Compliance with these principles contributes to increased overall economic efficiency as a result of accelerating global economic growth.

An example of solving the problem of collective economic security is the treaty on the European Union (EU), which established the economic and monetary unions of the participating countries. In accordance with it, the Council of Ministers of the EU determines the strategic directions of the economic policy of individual member states and the EU as a whole and controls the development of the economy of each EU state.

At the same time, the leaders of some EU countries note the possibility of a crisis in a number of member countries due to their uneven economic development, the weakness of the currencies of individual states, and the slow reform of public administration in government organizations. Nevertheless, EU leaders believe that the entire European continent can benefit from the processes of integration of the states of this region in economic and political terms, as this will strengthen their security and accelerate economic growth.

Another example of solving problems of international security is the "Osaka Declaration".

In November 1995, an informal meeting of the leaders of the Asia-Pacific Economic Cooperation Organization (APEC) was held in Osaka (Japan), following which a declaration was published. It confirmed the determination of APEC members to strive for the liberalization of trade and investment, the simplification of trade and investment regimes, and the strengthening of economic and technical cooperation.

The experience of the United States testifies to the close interconnection of the international economic security of a particular country. The US national security strategy is formed on the basis of American interests and values. This provides for the need to expand the community democratic countries with a market economy while limiting and containing threats to the US and its allies. Hence, the main components of the strategy of US involvement in international affairs are:

Strengthening our own security by maintaining a strong defense potential and promoting cooperation with other countries in the field of security;

Activities aimed at opening foreign markets and accelerating global economic growth;

Support for democracy abroad.

The problem of international economic security also affects the economic interests of a country in various regions of the world. Regional economic projects are becoming broader, for example, approving the route of an oil pipeline for transporting Caspian oil. Thus, the Washington Center for Security Policy emphasizes that American interests are affected in solving this problem, among them:

Ensuring free supplies of oil and gas from the Caspian Sea and from the republics Central Asia to international markets;

Ensuring the economic independence of the former Soviet republics of the region.

In October 1995, the finance ministers and central bankers of the G7 countries approved the idea of ​​creating a special fund in the amount of $50 billion. to prevent currency crises and put in place an "early warning" system for approaching crises, which would include such indicators as the balance of payments and the growth of the money supply.

The role of the administrator of the new "emergency package of measures" to save the national monetary units that are on the verge of collapse is assigned to the IMF.

In modern conditions, the tendency to give the economy a priority place in domestic and foreign policy is becoming more and more obvious. various countries. This affects the acceleration of integration processes in the world economy. Regional economic organizations and blocs are developing. At the same time, international competition in the economic, scientific and technical spheres is intensifying, which is reflected in the economic growth of developing countries and states with economies in transition. Therefore, the issues of promoting the economic growth of these participants in the world economic system should be under the constant control of the UN.

2.2 Problems of international economic security in Russia

The international economic order is a system of relations between economic international entities, which is always formed depending on the ideas, beliefs and prevailing theories in a given period, the balance of power between the main actors in the international arena.

The implementation of international economic security is closely connected with the refusal of one country or a group of countries to impose development models on another country, from various kinds of coercion, with international recognition of the right of any people to choose their own path.

International economic security is understood as such economic interaction of countries that would exclude deliberate damage to the economic interests of any country. Its implementation is carried out mainly at the supranational level of regulation of international economic relations and consists in the creation of an appropriate international legal mechanism.

Close to the disappearance of the deposits of raw materials in the continental crust, and the question arises of the development of the wealth of the oceans. Humanity already feels a lack of energy, and to replenish it, it is necessary to invade space. The aggravation of the raw materials, energy, and food problems seriously complicates the prospects for a breakthrough by third world countries to the economic level of advanced industrial states. The development of this group of countries is hampered by their large military spending (6% of GNP) and huge foreign debt. Since 1984, the outflow of surplus product from developing countries has exceeded the inflow of new funds, which resulted in. Industrialized countries are forced to some extent to meet the demands of developing countries to reduce debts and delay their payment, open markets, establish a new international order in the world economy and a system of international economic security. Under the conditions of increased interdependence, the Western states, which bear a significant share of the responsibility for the backwardness of the former colonial and dependent countries, must take into account not only the explosive state of the social situation in developing countries, but also the fact that the difficult economic situation of these countries hinders the expansion of the world market, and therefore , narrows the possibilities of overall economic growth and the joint solution of environmental problems.

Despite the fact that more than 300 international economic organizations and over 60 regional integration groupings regulating international economic relations are involved in international economic relations, the world has not become more stable and secure. And the words "world economic order" are increasingly being replaced by the concept of "world economic disorder" with many threats, growing inequality and, most importantly, the uncontrollability of world economic processes.

What is going on? After all, globalization, as an objective trend towards the economic rapprochement of countries, remains. The idea of ​​universal liberalization, which ensures lasting prosperity and economic growth for all states, is crumbling, the most backward countries are being recolonized, world loan capital is being turned into frankly speculative capital that destroys the real economy, liberal norms and standards are being applied selectively. Instead of the process of democratization of international economic relations, a course has been taken towards a combination of economic and military means to establish the economic hegemony of the United States. "The US is now enjoying strategic and ideological superiority. The first goal of its foreign policy should be to maintain and strengthen this superiority." These words belong to D. Kagan, director of the Carnegie Endowment, which is developing a script project called "America's Leadership."

Western researchers also note the special nature of the liberalization of foreign relations in Russia, in the course of which the country's economy adapts to the rules and norms of the international market. It is emphasized that in Russia there was mainly a financial opening to the world, ahead of the economic liberalization of other areas. Thus, for example, exchange transactions and placement of funds were virtually free, while foreign direct investment was regulated, "it was necessary to act exactly the opposite." One of the consequences of this financial opening to the world was the dollarization of the economy. (According to some estimates, on the eve of August 1998, up to 80% of the ruble mass in circulation were dollars).

We can agree with the assessments of the well-known American economist Turow that "today Russia is halfway between a market economy and a planned economy, and neither of them works." But in order to move forward, it is necessary to resolve the main question - "how and when", since the cause of the crisis in Russia is not so much economic as political. With the "blurring" of strategic guidelines, the policy of reforms is reduced mainly to responding to reform failures and crisis situations. Moreover, many of these "failures" do not seem so random.

Perhaps the most terrible news in terms of international economic security came from Ukraine, where, within the framework of the new government, key economic directions were given to foreign experts. Unfortunately, we have to state that Ukraine has completely lost the sovereignty of its economic policy and, apparently, de facto its national economy has come under external control.

To date, the situation associated with Ukraine has greatly weakened the international economy of Russia. Western countries, led by the United States, do not benefit from Russia's position in relation to the situation in Ukraine. In this connection, Western countries, led by the United States, are imposing sanctions on Russia. Such pressure causes not only economic damage, but also threatens Russia's international security.

1. The State Department threatened Russia with sanctions for deals with Iran. Since recently the US rhetoric towards Iran has changed dramatically from discussions of a possible military operation to negotiations, it can hardly be said that the US is simply against violating the sanctions regime. Most likely, the fear of the United States is the establishment of too close partnerships between the Russian Federation and Iran.

2. Russia announced the closure of the South Stream project, announcing its intention to build an alternative gas pipeline to Turkey. Despite all the orgy of biased analysts who began vying to assert that this is the defeat of the Russian Federation and personally V.V. Putin, as well as Russia's recognition of its defeat, so far everything looks just the opposite. To all appearances, the EU did not even imagine that the games in obstructing the construction of this gas pipeline could lead to such sad events for them. However, the consequences may turn out to be sad for the Russian Federation, but so far Russia's position looks more preferable.

3. Member countries of the Eurasian Economic Union, which currently includes Russia, Belarus, Kazakhstan and Armenia, intend to abandon mutual settlements in US dollars and euros. In return, according to the draft concept for the development of payment systems on the territory of the EAEU, by 2025-2030 there should be a transition to mutual settlements in national currencies. Nevertheless, the volumes of mutual trade turnover seem to be still insufficient for mutual settlements to be actually carried out in all national currencies. In addition, export-import flows will definitely be unequal. Therefore, it seems more realistic that one currency will be chosen (officially or unofficially) for mutual settlements and, most likely, the Russian ruble is the main contender, or a single currency project is being implemented, that is, the notional altyn that has already surfaced in various projects.

4. On December 1, the Central Bank already took out a “sheathed blade of intervention” and intervened in the formation of the ruble exchange rate. This was explained a few days later by the fact that the ruble exchange rate "significantly deviated from fundamentally justified values." Is it worth it to understand that between November 10, when the abandonment of the currency corridor was officially announced, and December 1, this rate fit into the interval of “fundamentally sound values”, it remained unclear. However, the fact remains that the market has not yet had time to miss foreign exchange interventions, and the Bank of Russia has already returned.

The global world order makes national borders permeable. First of all, this is a change in the functions of the state. Partially they go to international organizations, forcing countries to comply with international rules for regulating market relations. At the same time, remaining the subject of international economic relations, the state must regulate domestic processes, perform traditional functions social protection, to resist the market elements, i.е. be under double pressure.

Now a crisis situation is emerging, about which we can say that some of the international economic organizations (IMF, World Bank) are becoming omnipotent, dictating the “rules of the game” to borrowing countries, and at the same time powerless, since they are not able to regulate and coordinate the dynamics of such factors. production as finance, and prevent the transformation modern capitalism into the so-called "turbo-capitalism" of the American style, as Edward Luttwak figuratively dubbed its modern stage in a book of the same name and published in 1999.

In modern conditions, the stratification is intensifying, and the "technological colonialism" of the states of the industrial "core" transfers competition to the sphere of high technologies, inaccessible to most countries.

At the same time, it is quite obvious that the deterioration in the position of resource-producing countries can continue only up to certain limits that do not violate the overall global stability. That is why the West is concerned about the creation of various projects for reforming the international management system - from revising the powers and functions of the IMF, World Bank and other organizations to creating new international institutional structures, up to the World Government.

However, the monopolization of the management of international economic relations cannot become a stable structure, and the erosion of national sovereignty will inevitably give rise to aggressive nationalism. should appear on the world stage new system power that meets the requirements of a new world order built on collectivist foundations.

economic security national strengthening

Chapter. 3. Ways to strengthen the national and international economic security of Russia

3.1 Ways to strengthen Russia's national security

Strategic national priorities are the most important areas for ensuring national security, along which the constitutional rights and freedoms of citizens of the Russian Federation are implemented, sustainable socio-economic development and protection of the country's sovereignty, its independence and territorial integrity are carried out.

The National Security Concept of the Russian Federation as amended in 2000 was replaced by the National Security Strategy of the Russian Federation until 2020 (Strategy). It was approved by the head of state on May 12, 2009 by Decree No. 537.

The development and adoption of the strategy was caused by:

First, the aggravation of interstate contradictions associated with the uneven development of their development and the deepening of the gap between the levels of prosperity of countries.

Secondly, the vulnerability of all members of the international community in the face of new challenges and threats.

Thirdly, with the strengthening of new centers of economic growth and political influence, a qualitatively new geopolitical situation is emerging, associated with the solution of existing problems and the settlement of crisis situations on a regional basis without the participation of non-regional forces.

Fourth, the failure of global and regional security systems (focused, especially in the Euro-Atlantic region, only on the North Atlantic Treaty Organization).

Fifth, the imperfection of legal instruments and mechanisms that pose a threat to international security.

Sixth, the need to address important internal matters in the field of healthcare, education, science, ecology, culture, as well as improving the welfare of citizens and economic growth.

The National Security Strategy of the Russian Federation until 2020 is a kind of response to the new international situation.

It is the basic document for planning the development of the national security system of the Russian Federation. It outlines the course of action and measures to ensure national security. The strategy is the basis for constructive interaction between state authorities, organizations and public associations to protect the national interests of the Russian Federation and ensure the security of the individual, society and the state.

The national interests of our state in the long term are:

In the development of democracy and civil society, increasing the competitiveness of the national economy;

In ensuring the inviolability of the constitutional order, territorial integrity and sovereignty of the Russian Federation;

In the transformation of the Russian Federation into a world power, whose activities are aimed at maintaining strategic stability and mutually beneficial partnerships in a multipolar world.

The National Security Strategy of the Russian Federation is a fundamentally new document. For the first time, it clearly reflects strategic national priorities and outlines the main criteria for assessing the state of national security.

The main priorities of the national security of the Russian Federation are national defense, state and public security.

To ensure national security, the Russian Federation focuses its efforts and resources on the following sustainable development priorities:

Improving the quality of life Russian citizens by guaranteeing personal security as well as high standards of life support;

Economic growth, which is achieved primarily through the development of a national innovation system and investment in human capital;

Science, technology, education, healthcare and culture, which are developed by strengthening the role of the state and improving public-private partnerships;

Ecology of living systems and rational nature management, the maintenance of which is achieved through balanced consumption, the development of advanced technologies and the expedient reproduction of the country's natural resource potential;

Strategic stability and equal strategic partnership, which are strengthened on the basis of Russia's active participation in the development of a multipolar model of the world order.

The main criteria for assessing the state of national security of the Russian Federation are:

Unemployment rate (share of the economically active population);

The level of growth in consumer prices;

the level of state external and internal debt as a percentage of gross domestic product;

The level of provision with resources for healthcare, culture, education and science as a percentage of the gross domestic product;

The level of annual renewal of weapons, military and special equipment;

The level of provision with military and engineering personnel;

Decile coefficient (the ratio of incomes of 10% of the most wealthy and 10% of the least wealthy population).

According to the Russian Academy of Sciences, in 2000 in our country the incomes of the richest exceeded the incomes of the poorest by 14 times, now - by 17 times. At an expanded meeting of the State Council in February 2008 ex-president For the Russian Federation, V. Putin set the task of minimizing the gap between the incomes of the most and least well-to-do strata of society in Russia. As you can see, this indicator is now one of the main criteria for assessing the state of national security.

In general, the implementation of the "National Security Strategy of the Russian Federation until 2020" is intended to become a mobilizing factor in the development of the national economy, improving the quality of life of the population, ensuring political stability in society, strengthening national defense, state security and law and order, increasing the competitiveness and international prestige of Russia.

The geostrategic position of Russia imposes a strict requirement: to be in constant readiness to repulse external threats, including from deployed groupings of forces and means of aerospace attack and anti-missile defense of foreign states. First of all, we are talking about those states whose geopolitical interests are or may come into conflict with the corresponding interests of Russia.

The military security of Russia is ensured by purposeful public policy in the field of defense, which is a system of conceptual views and practical measures of an international, economic, military and other nature aimed at preventing a military attack and at organizing a repulse of military aggression.

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