Правопреемство в международном праве после распада СССР

2021 ◽  
pp. 134-142
Author(s):  
Vitaly Goncharov ◽  
Анна Попова
Keyword(s):  
International Relations ◽  
International Law ◽  
Russian Federation ◽  
International Organizations ◽  
Legal Basis ◽  
International Obligations ◽  
The Subject ◽  
The Russian Federation ◽  
The Relationship ◽  
Vast Territory

After the collapse of the USSR, a huge superpower that occupied one sixth of the land, the question of succession arose before the states that were part of it. The USSR occupied a vast territory, participated in international obligations, had debts, was a member of international organizations. It was obvious that the relationship between the newly formed states depended on how it was possible to divide the “legacy” of the USSR. The USSR took an active position at the international level, was engaged in the development of weapons. The issue of dividing all assets and liabilities worried the entire international community. His decision was difficult, and the legal basis for making decisions on succession did not seem to everyone to be indisputable. At present, it is obvious to everyone that the Russian Federation became the main heir of the USSR, it was the Russian Federation that continued the policy of the USSR, continued to participate in international relations and in the fulfillment of obligations, despite the equality of all states that were part of the USSR. The issues of the succession of the USSR and Russia are the subject of study of modern international law. Within the framework of this article, some aspects of the indicated topic will be highlighted.

scholarly journals Category “measure” in the theory of penal law

2021 ◽  
Vol 1 (11) ◽  
pp. 28-31
Author(s):  
V.K. BAKULIN ◽  
Keyword(s):  
Russian Federation ◽  
Legal Obligation ◽  
Procedural Law ◽  
Procedure Code ◽  
Penal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article analyzes the philosophical category “measure”, which due to its universality and comprehensiveness finds expression in law, since subjective law and legal obligation are always a measure of the possible or necessary behavior of the subjects of legal relations. The relationship of the category “measure” with the institutions of criminal and criminal procedural law is shown. The article examines the demonstrations of this category in the institutions of the penal law, which makes it possible to formulate the definition of a measure in the penal law and systematize the existing ones. There is revealed the need to change the subject of the penal law as a branch of law in connection with the empowerment of criminal executive inspectorates with the authority to implement measures of procedural coercion, provided for by the Criminal Procedure Code of the Russian Federation.

Book I Diplomacy in General, 3 Introduction to International Law

2016 ◽  
Author(s):  
Wilmshurst Elizabeth
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Comprehensive Account ◽  
The Subject ◽  
The Law

This chapter provides a brief account of what international law is and what its sources are. This is particularly useful for those who have not studied the subject. International law may be defined as the law governing relations between States, and between States and international organizations. The chapter notes, however, that even this definition borders on the simplistic. In addition, the relevance of international law to the diplomat is emphasized in this chapter, as it contributes to the discussion later. Hence the chapter first briefly argues for the relevance of international law in the arena of international relations, before turning to a discussion on the nature, sources, and content of international law, in order to draw a more comprehensive account of what international law is about.

Evolution of forms of international scientific and technical cooperation in the USSR and the Russian Federation

2020 ◽  
Vol 2020 (11-2) ◽  
pp. 125-133
Author(s):  
Sayana Balkhaeva ◽  
Anatolij Kapustin ◽  
Oleg Simvolokov ◽  
Igor Shulyatev
Keyword(s):  
International Relations ◽  
Russian Federation ◽  
Large Volume ◽  
State Policy ◽  
Technical Cooperation ◽  
Modern Economy ◽  
International Obligations ◽  
The Russian Federation

International scientific and technical cooperation (ISTC) is one of the factors in the development of the modern economy. The foundations of international scientific and technical policy were laid in the USSR. The Russian Federation not only took over from the USSR a relatively large volume of international obligations in the field of ISTC, but also updated the legal instruments of state policy in this area, adapting them to the new conditions of modern international relations. The article examines the scale and significance of the changes, which have taken place, their relevance to modern challenges, which makes it possible to predict new forms of ISTC.

From Kosovo to Crimea and Beyond: On Territorial Integrity, Unilateral Secession and Legal Neutrality in International Law

2015 ◽  
Vol 22 (4) ◽  
pp. 467-485 ◽  
Author(s):  
Simone F. van den Driest
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Advisory Opinion ◽  
Territorial Integrity ◽  
Autonomous Region ◽  
International Court ◽  
Unilateral Declaration ◽  
The Russian Federation ◽  
The Relationship ◽  
Shed Light

In the aftermath of the Ukrainian Revolution, Ukraine’s autonomous region of Crimea declared independence and filed an application to subsequently join the Russian Federation. In seeking to justify these acts, both the Crimean authorities and the Russian Federation referred to international law, including the International Court of Justice’s Advisory Opinion on Kosovo’s unilateral declaration of independence. In this Advisory Opinion, the Court indeed found that the principle of territorial integrity merely applies in the relationship between States and concluded that general international law does not contain a prohibition on unilateral declarations of independence. These findings and the interpretation of the Advisory Opinion as put forward by the Crimean and Russian authorities, however, raise pertinent questions. This article therefore aims to shed light on the scope of the principle of territorial integrity of States and its implications for the legality of and perceived legal neutrality concerning unilateral secession under international law.

scholarly journals Implementation of human rights in the context of COVID-19 pandemic

2021 ◽  
Vol 5 (3) ◽  
pp. 112-125
Author(s):  
N. R. Chebykina ◽  
K. A. Lyamina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal Basis ◽  
State Of Emergency ◽  
Freedom Of Movement ◽  
Emergency Situations ◽  
The Russian Federation ◽  
The Right ◽  
Emergency Measures

The subject of the article is the legal basis of human rights and freedoms, including their restriction as one of the aspects of the COVID-19 pandemic. The purpose of the research is to confirm or confute the hypothesis that the restriction of human rights in particular the right to life, the right to health and freedom of movement in Russia during COVID-19 pandemic is legally justified.The methodology of research includes the formal legal interpretation of legal acts as well as the comparative analysis of Russian and foreign legal literature. The authors analyze and interpret international law, including international treaties and the law of foreign states as well as law of the Russian Federation and the constituent entities of the Russian Federation.The main results. Restrictive measures of main human rights may lead to the violation of the constitutional rights and freedoms of citizens, and can also create conditions for abuse of authority while applying the rules governing the emergency situations. International human rights law allows the suspension of certain rights in an emergency that threatens the life of the nation. This can only be done in cases where the emergency has been officially declared, the adoption of emergency measures is caused by an urgent need in the current situation, does not contradict other obligations under international law, is limited in time and does not lead to discrimination. The provisions of the Russian Constitution provide criteria, which observance is mandatory when introducing restrictions on human and civil rights and freedoms. However, no state of emergency was introduced in the Russian Federation. The state has adopted the self-isolation regime that does not have sufficient legal regulation. It has created legal uncertainty. The legal basis of measures to restrict freedom of movement is questionable. It seems these measures go beyond the high-alert regime and require the adoption of regulations that meet the requirements of legislation in the field of emergency situations. The realization of the right to health requires a solution to the problem of coordinating the needs of other patients and patients with COVID-19.Conclusions. Based on the analysis of international law, the law of foreign states and lawmaking activities of state authorities of the Russian Federation in the context of the spread of coronavirus, the authors conclude that the created legal framework for regulating the current situation is characterized by inconsistency, lack of «transparency» and radicality. Unfortunately, the pandemic has shown that regulation in sphere of emergencies, as well as health care, was not fully prepared for active spread of coronovirus. It is necessary to ensure that all emergency measures, including the imposition of a state of emergency, are lawful, proportionate, necessary and non-discriminatory, with a specific purpose and duration.

scholarly journals Participatory Budgeting: International and Russian Experience

2019 ◽  
Vol 23 (1) ◽  
pp. 122-132 ◽  
Author(s):  
E. A. Zakharchuk ◽  
A. A. Nekrasov ◽  
A. F. Pasynkov
Keyword(s):  
Public Participation ◽  
Russian Federation ◽  
Budget Allocation ◽  
International Standards ◽  
International Studies ◽  
Participatory Budgeting ◽  
The Subject ◽  
The Russian Federation ◽  
The Relationship ◽  
Municipal Level

The research is devoted to the modern enhancement of budget allocation effciency at the municipal level. Internationally, it is referred to as participatory budgeting. The subject of the research is the world and Russian experience of participatory budgeting and the effectiveness of such initiatives. The research objective is to determine the correlation between the international experience of public participation in the budget allocation and the program of initiative budgeting in the Russian Federation; based on this, to develop recommendations for improving the effciency of budget expenditures. The theoretical basis and the relationship between the concepts of “participatory budgeting” used to denote public participation abroad, and the “proactive budgeting” adopted in Russia have been considered. More than 30 international studies of participatory budgeting over the past 15 years have been analyzed. The aspects and effectiveness of the approaches have been highlighted. The best international and Russian experiences of participatory (initiative) budgeting, their characteristics and commitment to results have been identifed. As a result, the authors have presented a basic scheme to organize the participatory budgeting process, highlighting the stages, activities and criteria for the effectiveness of programs implemented within this approach. The initiative budgeting perspectives in Russia have been shown on the example of Yekaterinburg. Some recommendations have been given to enhance the implementation effciency. Among them are: infrastructural differences between the territories, expanding fnancial independence of municipalities in terms of initiative budgeting, building a system of representatives of local communities. It has been concluded that the initiative budgeting in the Russian Federation differs notably in its form from the international initiatives. The main difference is the requirement to the population and business to co-fnance projects. Some measures have been proposed to move gradually from the Russian participatory budgeting to the international standards, including: developing a methodology for project effciency evaluation, providing tax incentives, extensive use of information technology, and introducing the annual schedule of meetings and polls.

scholarly journals The Legal Nature of International Energy Associations in the Modern World

Lex Russica ◽  
2019 ◽  
pp. 72-90
Author(s):  
A. S. Gulasaryan
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Modern World ◽  
Russian Science ◽  
Transnational Organizations ◽  
Legal Nature ◽  
The Russian Federation ◽  
First Time

For the first time in the Russian science of international law the author of the paper performs a comprehensive analysis of the legal nature of international energy associations, their role in international administration in the sphere of energy.International energy associations are grouped into four categories depending on their legal nature: 1) associations in the form of public international organizations (IAEA; Eurato/ESAE; OPEC; EES CIS; CECH; EC; FEG; IRENA);2) associations functioning as a body of a public international organization (IEA OECD); 3) associations that can be considered as international non-governmental (transnational) organizations (WEC, IGU, IOC), (4) associations that can be classified as informal international associations (G7/G8; G20; IEF). It is noted that the international energy administration involves not only public international organizations, but also non-legal actors of international relations— international non-governmental(transnational) organizations and informal international associations. In order to determine the legal nature of international energy associations, the author considers constituent instruments, resolutions (decisions), headquarters agreements, agreements regarding privileges and immunities of international organizations, treaties and the contemporary doctrine of international law.Provisions, generalizations and conclusions provided for in the article, can be used for the development of strategies of interaction of the Russian Federation with the above-mentioned associations in the field of energy.

scholarly journals LEGAL REGULATION OF INTERNATIONAL COOPERATION OF THE RUSSIAN FEDERATION WITH FOREIGN COUNTRIES IN THE FIELD OF PHYSICAL EDUCATION AND SPORTS

2020 ◽  
pp. 96-102
Author(s):  
E.Y. Kovalenko ◽  
O.A. Shavandina
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Russian Federation ◽  
International Organizations ◽  
Legal Framework ◽  
Legal Regulation ◽  
Physical Culture ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Powerful Incentive

The article studies the national and international legal framework for regulating relations in thefield of physical culture and sports. It has been established that studying and taking into account positiveforeign experience in effectively regulating relations arising in the field of physical culture and sports, forimproving the norms of national sports law, including for codifying the sports legislation of Russia, is oneof the important reasons for the development of international cooperation of the Russian Federation withforeign countries. Another important reason is the need to harmonize and unify the national legislation ofRussia in the field of physical culture and sports with international law. The development of international cooperation between Russia and foreign countries and international organizations in the direction ofensuring national security is especially relevant in the context of exerting pressure on Russian athletes in thepast decade at sports competitions and events of various levels. It is concluded that Russia needs to developall areas of international cooperation, since physical culture and sport at the national and internationallevels is an important tool for ensuring the sustainable socio-economic development of countries, a tool forpersonal development of a person, a tool for intercultural, partnership and friendly development of interstatecommunication and serves as a powerful incentive to increase the competitiveness of each country in thecontext of globalization.

scholarly journals The Kosovo Precedent in the Secession and Recognition of Crimea

2015 ◽  
Vol 5 (1) ◽  
pp. 267 ◽  
Author(s):  
Dr.Sc. Elvina Jusufaj
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Organizations ◽  
Self Determination ◽  
Declaration Of Independence ◽  
The People ◽  
The Russian Federation ◽  
The Right ◽  
State Factor ◽  
Autonomous Republic

Crimea’s secession from Ukraine and its annexation to the Russian Federation invoked Kosovo precedent, in its declaration of independence, as an argument for secession. The territorial referendum in the Autonomous Republic of Crimea, only five days after the declaration of independence, was an attempt to justify the secession based on the right to selfdetermination of the people of Crimea. It is overwhelmingly considered illegal and its outcome has not been accepted and recognized by states, regional and international organizations. The comparative elements of statehood and secession between Kosovo and Crimea are reflected through analyzing the declarations of independence, international recognition and Russia’s role as a third-state factor in external selfdetermination. Essential distinctions are highlighted. Kosovo is widely acknowledged and accepted a sui generis case. Its declaration of independence came as result of a long monitored comprehensive process; not to legitimize the right for self-determination but as the final option for stability and peace in the region. Crimea seceded in violation of international law through the use of force. While Kosovo is a democratic, multi-ethnic new state and recognized by 107 states, the secession of Crimea and its annexation to the Russian Federation is considered illegal and endangers the existing international order.

scholarly journals XVI BLISCHENKO CONGRESS OVERVIEW Moscow, RUDN University, April 14, 2018

2018 ◽  
Vol 22 (4) ◽  
pp. 587-601
Author(s):  
Abashidze H Aslan ◽  
Gugunskiy A Denis ◽  
Kiseleva E Ekaterina ◽  
Koneva V Aleksandra ◽  
Solntsev M Aleksandr
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Organizations ◽  
Basic Research ◽  
International Congress ◽  
State Support ◽  
Russian Science ◽  
Main Work ◽  
Grant Support ◽  
The Russian Federation

On April 14, 2018, the Department of International Law, Law Institute, RUDN University held the annual XVI Annual Blischenko Congress. The main work of the Blischenko Congress traditionally took place in sections focused on the main branches of international law. Co-organizers of the International Congress were international organizations, representative offices and departments. This research event was organized with grant support from: Russian Foundation for Basic Research; the grant of the President of the Russian Federation for the state support of young researches; grant of the Russian Science Foundation.

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