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LEX RUSSICA (РУССКИЙ ЗАКОН)
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Жук М.С. Основные этапы формирования доктринальных представлений об институтах российского уголовного права (XV – начало XXI веков)

Аннотация: The proposed article is devoted to one of the actual problems of the international law – to the problem of the means of the ensuring of the international contracts execution. Dividing practically worked out mechanisms of the ensuring of the international contracts execution onto two big parts – the interstate mechanisms and the mechanisms, working at the international organization ranks, the author tries to concentrate at each of the groups named. The author considers separately different means of the ensuring of the international contracts execution, which could be included into those two groups. For example, such means as the guarantee of one or several states are considered as one of the mechanisms of the ensuring of the international contracts (which can be named the inter-state ones) execution. Moreover, it in noticed that at some cases some specialized organs – the control commissions which could be also considered to be the independent control means (enlisted to be inter-governmental as well) are organized to control the ensuring of the international contracts execution. The fact that the abovementioned mechanism is stressed to be the institutionalized method of the realization of pacta sunt servanda principle. Apart from the creation of the special control commissions such institutionalized method is represented with the creation of international organizations to control the execution of this or those agreements as well. One more control means is the governmental conferences, regularly held with the special aim to examine the concrete international contracts execution. Such means is typically used at the case of the agreement, aimed to the armament regulation or the preservation of the environment. The deposit could also be considered as the inter-governmental means of the international contracts execution security. Such means of the international contracts execution security was often used at the peace treaties guarantee in the past. As to the mechanisms which can be used at the international organization ranks, they are very numerous and are provided in the organization constituent instruments. The International Labor Organization had worked out the most perfect means of international contract execution control. Generally speaking, the creation of the permanent international structures promotes the guarantee of the international contract execution.


Ключевые слова:

уголовное право, систематизация, институт, норма, история, развитие, эволюция

Abstract: The proposed article is devoted to one of the actual problems of the international law – to the problem of the means of the ensuring of the international contracts execution. Dividing practically worked out mechanisms of the ensuring of the international contracts execution onto two big parts – the interstate mechanisms and the mechanisms, working at the international organization ranks, the author tries to concentrate at each of the groups named. The author considers separately different means of the ensuring of the international contracts execution, which could be included into those two groups. For example, such means as the guarantee of one or several states are considered as one of the mechanisms of the ensuring of the international contracts (which can be named the inter-state ones) execution. Moreover, it in noticed that at some cases some specialized organs – the control commissions which could be also considered to be the independent control means (enlisted to be inter-governmental as well) are organized to control the ensuring of the international contracts execution. The fact that the abovementioned mechanism is stressed to be the institutionalized method of the realization of pacta sunt servanda principle. Apart from the creation of the special control commissions such institutionalized method is represented with the creation of international organizations to control the execution of this or those agreements as well. One more control means is the governmental conferences, regularly held with the special aim to examine the concrete international contracts execution. Such means is typically used at the case of the agreement, aimed to the armament regulation or the preservation of the environment. The deposit could also be considered as the inter-governmental means of the international contracts execution security. Such means of the international contracts execution security was often used at the peace treaties guarantee in the past. As to the mechanisms which can be used at the international organization ranks, they are very numerous and are provided in the organization constituent instruments. The International Labor Organization had worked out the most perfect means of international contract execution control. Generally speaking, the creation of the permanent international structures promotes the guarantee of the international contract execution.


Keywords:

ugolovnoe pravo, sistematizatsiya, institut, norma, istoriya, razvitie, evolyutsiya


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