Direct Application of the Rules of International Agreements in the Implementation of the Protection of the Rights of Subjects of Domestic and Cross-Border Relations
The paper attempts to comprehensively investigate the problems of the direct application of the provisions of international agreements for the purpose of regulating various intrastate as well as cross-border relations. It is noted that this opportunity seems to be an effective mechanism for protecting the rights of the subjects of the relevant relations. An analysis of law enforcement practice is carried out for the direct application of the provisions of international treaties when they conflict with the provisions of national legislation or regardless of the establishment of such a conflict. The paper analyzes the provisions of the Constitution, other legislation of the Russian Federation, decisions of the Constitutional Court of the Russian Federation, decisions of the Plenum of the Supreme Court of the Russian Federation, judicial practice on the application of the provisions of international treaties to various relations (corporate, customs, relations in the field of industrial property). The conclusion is made that the international agreements of the Russian Federation, being an integral part of its legal system, have an independent normative nature as a source of law. The possibility of direct (direct) application of the norms of any international treaties (including the so-called non-selfexecuting ones) is substantiated.