The action of international law on the territory of the Russian Federation speaks of the internationality of the state. The Federation recognizes generally recognized principles as priority and meets all the conditions that the system contains. In our national law, these acts do not serve as a source from which to draw knowledge for the development of the main provisions. They are used as an internal state regulator of various relations in society, not contradicting domestic laws and by-laws.
General overview of the global standard
International and state law is regulated by legislative rules. The action of international law on the territory of the Russian Federation means the mandatory rules of conduct in the legal field created by subjective relations with rational, correct management. World standards are distinguished by type, they have been classified in the order of characteristic features according to the requirements:
- principles;
- definitions;
- competency;
- duties;
- prohibitions.
The mechanism in the legal regulation plays the role of:
Differ in behavioral rules:
Valid by territory:
The operation of international law in the Russian Federation is part of the work of the global system.
Characteristics of each species
The basis in international law and order, peace and cooperation are the principles of interaction. Obligations are created between states, the conscientious fulfillment of which is mandatory; they are presented in industry agreements subject to customs.
The actions of international law on the territory of the Russian Federation prescribing definitions contain different concepts used in this field. The International Convention in Article No. 1 approves mutual administrative assistance to prevent, investigate, and prevent crimes at customs. This means that, in accordance with the law, the customs services will ensure the turnover of:
Competency standards give subjects the opportunity to appeal to the Committee, which performs the functions of protecting human rights, to restore their violated interests.
The norms of international law on the territory of the Russian Federation regulate subjective duties with due conduct in legal relations. The International Covenant in article No. 2 reflected economic, social and cultural human rights.
The state gave a guarantee of their preservation, excluding discrimination:
- racial;
- sexual
- linguistic;
- religious;
- political;
- by conviction;
- national or social origin;
- property status.
The norms of international law on the territory of the Russian Federation determine the ban on the maintenance of people in slavery and the slave trade.
The interaction of characteristic features in a common system
Regulatory standards give subjects the right to perform actions positive for society. The protective law and order create protection of citizens by measures of responsibility and sanctions against criminals. Material norms provide in the legal status the provision of rights and obligations to entities.
The norms of international law in the Russian legal system provide for the payment of pensions to CIS participants at the place of residence of citizens (Agreement on Guarantees, Article No. 6). The procedural order is the implementation of substantive rights. In case of violations, the state will receive a notification to which the Government must respond to the Committee that monitors the enforcement of human rights and explain the situation in writing.
Many states are involved in complying with universal standards. The UN Charter contains provisions that are especially significant for the world. For example, the non-proliferation of nuclear weapons.
There are legal restrictions, in the regions their effect is distributed within a certain framework, in such entities as the CIS and the European Union. Local norms of international law in the Russian legal system regulate relations with the PRC or agreements on cooperation with any other states.
Civil law defines an unspoken hierarchy for legal sources. The first place on this conditional ladder belongs to international law and treaties concluded at this level. A similar priority is enshrined in the Constitution of the Russian Federation. Our country is actively involved in relations with various states, signs treaty obligations in accordance with the operation of international law in Russia.
In what order are norms within the state applied?
In jurisprudence, the application of norms from international law is strictly distributed. There is such a term as implementation, it is divided into types. This concept includes:
- Transformation - general and special. With the help of these entities, the state establishes general norms with the strength of internal state action. Reproduces laws in texts in accordance with national law. Transformation can be direct, indirect and official.
- Incorporation - in state law norms are created that copy international legal acts. This applies to global medical, sanitary, technical standards, international norms of insurance law in force in Russia. Take into account the concretization in these rules with the specifics of the political system, social development in the state legal system.
- The reception desk is an analog of incorporation; it is used when it is necessary to redirect or adapt the published law.
The examples of the implementation of international law in Russia are listed. Acts, regulations act in conjunction with domestic state legislation.
Features of the use of norms in a single state
The proof that our country’s domestic laws do not contradict the global principles is the Civil Code of the Russian Federation, its article No. 7 (part 1 of the Federal Law No. 51), which explains that the international treaty is applied together with the provisions of civil law. It must be understood that the international norm that does not need transformation should be applied on its territory. But if we consider an example of the implementation of international law in Russia, it is necessary to assess the content of a particular element. Can the selected norm apply in the country? To do this, explore the ways of its application.
When some part of the international situation within the state is used, this act is not recognized as a separate, own unit. At the same time, there are contradictions - there cannot be a direct or direct impact of world rules on the state. These norms of international law appeared on the territory of Russia, because the Constitution allows. Legal acts operate in the state system according to the order, goals and principles of the most important legal guide and guide for the state.
How was the norm created in international law?
Subjects enter into an agreement to fulfill certain rules. They indicate what rights and obligations will be vested in them, and the legal mechanism will provide them. As a result, an extensive legal system was created, built of individual elements. In our jurisprudence they are called the norms of international law in Russia. The term implies a set of rules designed for different cases in society. Specialists argue over contracts. Can this legal fact be attributed to this scheme, since there are specifically regulated conditions that cannot be used in other cases?
Moreover, the signed agreements are endowed with regulatory features:
- regulate relations between the parties;
- performed without fail;
- are applied in a single order.
On this basis, these decisions received the term of an individual norm.
Specific Understanding
Practicing lawyers convey their understanding to ordinary citizens about the specifics of international law, which is closely related to civil law. For what? Sometimes circumstances and life situations require at least minimal legal literacy in the business world.
The system in its multifaceted phenomenon consists of different parts that need to be studied. Outstanding figures from jurisprudence worked out the main provisions, they concluded that it was impossible to create uniform rules for everyone. But legal norms will allow to regulate international relations, maintain peace and tranquility.
For example, in the actions of international law on the territory of the Russian Federation there are the following signs:
- a whole system of fundamental rules has been fixed, on the basis of which many laws have been developed;
- legal elements are put in order thanks to unique goals in accordance with international cooperation.
The law, limited by the legislative framework in a particular country, based on world standards of behavior, allows you to create your own individual law enforcement system for a prosperous life of the population.
For what purpose were the developments
The main goal of international law is fixed by the UN Charter. The interests of all those involved in international relations were taken into account. Directions consist of provisions:
- support for global security;
- organization of the main friendly principle;
- cooperation in solving global problems on which the well-being of people depends;
- creation of conditions for successful work of a fair legal mechanism in a respectful environment of the world community.
The basis of the actions of international law in Russia is respect for each resident and society as a whole. The participants strive to ensure proper functioning in international relations, progressively developing them. Modern norms have changed their position from a dispositive to an imperative one.
What are the principles of the system
For many years, developers of a unique system, legal scientists have proposed deducing principles and securing them only for international treaties. The legal parameters are presented in detail by the UN Charter and the Declaration:
- disputes and conflicts to be settled by settlement;
- not interfere in the activities of individual republics;
- Collaborate on key issues
- Do not use force and threats;
- recognize the equal rights of every people;
- respect human rights and freedom;
- grant all states sovereignty;
- Fulfill the obligations undertaken in good faith;
- Do not violate state borders.
International rights in Russia are respected in accordance with the principles approved by the Declaration.
Local functions
Relations between countries are created on the basis of various norms, which are classified in the main legal system, where local agreements are a part and a link. This phenomenon, interesting and important for states, is an order that regulates relations in a limited circle of subjects.
Rules of conduct between them have been developed in compliance with the interests of all parties. The operation of international law in the Russian Federation provides for the creation of bilateral, multilateral agreements with different states, without the presence of a sign of universality. The local rules are supplemented by generally accepted norms of the international level, they specify legal and legal relations between the parties.
What agreements hold economic ties together
All international agreements are concluded on various grounds.
Classification is based on:
- bilateral and multilateral agreements are signed depending on the number of entities;
- resolving a specific issue that will help implement the agreement in the presence of a global problem;
- territorial influence, defining a local, universal or regional criterion.
- division into open or closed form.
In some situations, when 2 rights clash (international and national), they begin to contradict each other. Lawyers called these signs collisions. When such a case arises, in the current legislation of the Russian Federation there is no priority over international rules, provided that they are used in international treaties. When conflicts are created, it is necessary to choose between the current regulatory legal acts in Russia and international ones. The latter often win.
Nobody is going to look for legislative contradictions here because of the painstaking and laborious process, the search will still not lead to a positive result.
It is necessary to take into account: when using international treaties with the use of legal relations in private law, under Russian jurisdiction, this will have to be coordinated with Russian authorities.
In order for such an agreement to be endowed with legal force in the Russian Federation, it is necessary to carry out the ratification procedure:
- subscribe;
- to accept;
- join.
These conditions were approved by Federal Law No. 101. The consent of the authorities must be obtained according to the rules of Russian law.
Without ratification, international law in Russia does not apply in the following situations:
- the conclusion of the contract is accompanied by a change in Russian laws, the adoption of new ones, affects the existing regulatory acts;
- an international treaty affects human rights and freedoms.
Russia has always advocated the conscientious fulfillment of its obligations. When a state agrees to obligatorily execute an agreement on its territory, it means that it is recognized internationally and it will enter the legal system. Still, the rules and regulations of international law affect Russian civil law.
What is the relationship of international law with the Constitution of the Russian Federation?
The norms of the Constitution of Russia and the norms of international law have the closest interaction. The main legal force, with direct action and application, in the state belongs to the Constitution.
Bills are drafted in such a way that they do not conflict with this regulatory reference. Universally recognized norms in international law work together with the international regulatory system, where human rights are one of the main parts in universally recognized rules.
Unlike peremptory norms, not endowed with such features. Despite the big words in the development of international law, when it is argued that the application of one provision should not violate another principle approved by the international community, they are not implemented in practice. An example is the bombing of Yugoslavia, where NATO states claimed that their actions were consistent with the principle of respect for human interests, violated all generally accepted requirements of an imperative nature:
- sovereignty;
- equality;
- peaceful resolution of conflicts without the use of force and threats.
The Constitution of the Russian Federation in article 15 states that Russia does not violate either principles or international norms. They are mandatory for all bodies - whether state or municipal, the courts of all levels are subordinate to them. They apply meaningful laws. The judicial, legislative and executive authorities are subject to universally recognized standards; they, in turn, regulate law. Judicial practice confirms the compliance of the position of the state with international law.
How to resolve a peaceful international conflict?
Historical facts reflect the sad picture in relations between different countries. There have always been wars, no matter what efforts scientists make to develop such clear and understandable schemes in international law. In order to settle the dispute, to exclude disagreements, all that is needed is for the rulers of states to sit at a round table and agree peacefully, to develop rules that suit everyone.
According to international guidelines, when negotiations take place, and then violations of the signed memorandums, an innocent state may impose a fine on the violating country. These actions fall into the category of conflicts. The UN Charter narrates in its article No. 2 that any dispute between states should end only in peace without thousands of people being exterminated.
It reflects convincing evidence of the inadmissibility of the manifestation of ambitions among the authorities to the detriment of the interests of the people, as well as the existence of the triumph of world justice in the name of the well-being of citizens. So far, only on paper is the settlement of disputes in a peaceful manner in accordance with international principles.