Scientific journal
European Journal of Natural History
ISSN 2073-4972

LEGAL REGULATION OF THE RATIFICATION IN RUSSIAN LEGISLATION

Kuznetsova E.N.

The present stage of international relation development is notable for actively developing globalization and integration processes not only in economic sphere, but also in legal. Sharply there is a question of international law and national legal system interaction. International relations are based on the international contracts promoting maintenance of piece and safety all over the world, to development of cooperation according to principles of the United Nations Organization´s Charter [1] acting as the guarantor of fundamental laws protection and the person´s freedom, the states interests. In order to the international norms get an obligatory validity for the state, they should be recognized by the given state, should enter its legal system and become a part of the national legislation. The given position is fixed in the Constitution of the Russian Federation [2] (p. 4 cl. 15) and in the Federal law «About the Russian Federation international contracts» [3]. Introduction in action of many international contracts is carried out by means of their ratification that is stipulated by the Viennese convention on the right of the international contracts of 1969 [4] (cl. 11) which defines ratification as the international act. However according to the Federal law «About the Russian Federation international contracts» ratification is considered as state process which also refers as ratification process. A question to consider this process as state or international one was discussed within the framework of the United Nations international law Commission. Actually these are two different acts. In many Russian Federation international contracts it is underlined: «Ratification, acceptance, the statement or connection is carried out to the United Nations General Secretary». The agreement draft sent to corresponding state instances, the text is corrected and is approved according to the state legislation.

The problem of international legal regulation, namely ratification and the subsequent implementation the international contracts in the national legislation did not found all-round reflection in the Russian legal system. There is only one clause in the Constitution which reveals attitude to international contracts. The Federal Law «About the Russian Federation international contracts» as marks JU.A. Tikhomirov does not reveal the problem [5].

In our opinion it is necessary to consider the mechanism of ratification which allows to estimate readiness of the national legislation for international obligations performance, on modification in own legal system. In this sense ratification is the norms forming factor however the state institutes are not always ready to realize new norms. Ratification entails the whole circuit of the certain actions of the state bodies. However in the specified law there are no positions about implementations of the international norms and there are no positions about the clause and the statement of the states at ratification. The law contains positions when the international agreements are to be ratified, but there is a need to elaborate some positions of the law. We agree with professor P.V. Savaskov who notes necessity to add clause 15 of the Federal Law «About the Russian Federation international contracts» the proposition that the contracts providing economic obligations in case not stipulated by any law are subject to obligatory ratification [6]. And also we suggest making changes in clause 15 of the Russian Federation Constitution in which it is underlined, that if international agreement contains other rule, rather than a rule of the law priority value has the international contract. Mentioning statutory acts positions of the international contract there is transformation in the national legislation norms. And in the Russian Federation the international contract as a source of the internal right instead of as a source of international law starts to operate. The list of sources found reflection only in the doctrine there is no Russian statutory act where sources of international law would be determined.

Refrences:

  1. The Charter of the United Nations Organization. Acting International Law. Documents in 2 v. - V. 1. By JU. M. Kolosov, E.S. Krivchikova. M.: International Law, 2002. - 11-19 p.
  2. The Russian Federation Constitution (is accepted by voting in December, 12, 1993)/ Russian newspaper, № 237, 25th December, 1993.
  3. Federal Law from July, 15, 1995 № 101-FL «About the Russian Federation International Contracts» / The Russian Newspaper, № 140, July, 21, 1995.
  4. The Viennese convention on the right of the international contracts 1969. Acting International Law. Documents in 2 v. - V. 1. By JU. M. Kolosov, E.S. Krivchikova. M.: International Law, 2002. - 137-142 p.
  5. Tikhomirov JU.A. Realization of the International agreements in the Russian Federation legal system // The Russian Law Journal, № 3-4, 1999. 93 p.
  6. Savaskov P.V. The Russian legislation and the International Law: some problems of interaction and implementation. International norms and principals, international contracts in the Constitutional justice practice. All Russian meeting materials (Moscow, December, 24, 2002) / under the red. by Bobrova B.K., Kabyshev S.V., Mitukov M.A., Sycheva A.V. - M.: The International relations, 2004. - 87-93 p.