Ордина О.Н. Типология нормативных правовых актов Федерального Собрания Российской Федерации

Аннотация: The objectives and principles of international legal safeguards are their fundamentals defining the legality of international legal safeguards and specifying the vector of their development in the legal reference system. Such objectives and principles as establishment and development of friendly relations, safeguarding of security of states, protection of rights and interests of individuals, generality of safeguards, their commensurability and effectiveness, etc. are of the utmost importance with regard to this matter. In full accordance with the objectives and principles of the safeguards, the content of the latter is the following: 1) maintaining of the definite established state of affairs (this constituent of the content of the safeguards agrees with one of the objectives); 2) ensuring of acts (omission of acts) stipulated by the international treaties and agreements; 3) measures to achieve the effectiveness or to maintain the firmness and stability of some rule (provision), etc. The following shall be ranked among the rights of guarantors: a) a right to participate in safeguards agreements; b) a right to determine the scope and specific content of any given international safeguard on an equal basis with the others; c) a right at one’s own discretion to select specific measures of implementation of one’s safeguards obligations in case of breach of the underlying agreement (undoubtedly, acts of force applied by guarantor for the purpose of ensuring of his obligations is not allowed). If the matter is related to ensuring of collective safeguards the guarantors are entitled to determine actions to influence the infringer by means of making of a written agreement. Obligations of guarantors are of more importance since their execution has a defining meaning for the outcome of the safeguarded international agreement. The international law is aware of the wide range of obligations of guarantors: prohibition to impose any behavior model upon the state whose interests the guarantor undertook to protect, to interfere directly or indirectly intro the affairs of the state, to occupy a part of the territory of any state supposedly for the purpose of ensuring of the safeguards obligations, to violate the rights of the state under protection, to render assistance not stipulated under the safeguards agreement, to impart a meaning to the ensured agreement that is not in line with the interpretation of the agreement by the parties under the agreement. The summarizing obligation of the guarantor is to take all the possible measures for the purpose of stimulating of the participants of the agreement to execute the international agreement consistently. Besides, it is important that the guarantors are imbued with understanding of the fact that they shall ensure the rights and interests being violated irrespective of how disadvantageous it may turn out to be for them. Inadmissibility of deviation from the safeguards obligations in case of breaching of the agreements by other guarantors is deemed to be an obligation of the guarantor under the agreement. Class of form of international legal safeguards is of interest in addition to their content. Content and form as two closely interrelated concepts are considered in the same context. With regard to international legal safeguards it is due to the fact that the content comprising the unity of all the legal constituents exists and is expressed by means of a form. A form of international legal safeguards is presented as an agreed instrument by means of which the safeguards given by one state to the other state can obtain explicit or textual nature. Therefore, content and form of safeguards are closely connected and inseparable. A form of safeguards is in writing. Only owing to languages any international safeguards become explicit. International legal safeguards of agreements shall be classified in two groups in terms of their nature, namely, general and special. General safeguards may be of two levels: a) general safeguards on bilateral basis; b) general safeguards on multilateral basis within the scope of multi-purpose and regional organizations for collective security. Being a means of effective enforcement of international legal norms and regulations, international safeguards differ in objects and subjects. Ensuring of security of a state, integrity and inviolability of its territory, certain status, state of affairs, etc. may be the objects of safeguards. It is assumed that states may be the subjects of safeguards as they are the only sovereign entities. Depending on the number of states participating in ensuring of international legal safeguards, it is conventional to distinguish simple (individual) and complex (collective) safeguards.

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Abstract: The objectives and principles of international legal safeguards are their fundamentals defining the legality of international legal safeguards and specifying the vector of their development in the legal reference system. Such objectives and principles as establishment and development of friendly relations, safeguarding of security of states, protection of rights and interests of individuals, generality of safeguards, their commensurability and effectiveness, etc. are of the utmost importance with regard to this matter. In full accordance with the objectives and principles of the safeguards, the content of the latter is the following: 1) maintaining of the definite established state of affairs (this constituent of the content of the safeguards agrees with one of the objectives); 2) ensuring of acts (omission of acts) stipulated by the international treaties and agreements; 3) measures to achieve the effectiveness or to maintain the firmness and stability of some rule (provision), etc. The following shall be ranked among the rights of guarantors: a) a right to participate in safeguards agreements; b) a right to determine the scope and specific content of any given international safeguard on an equal basis with the others; c) a right at one’s own discretion to select specific measures of implementation of one’s safeguards obligations in case of breach of the underlying agreement (undoubtedly, acts of force applied by guarantor for the purpose of ensuring of his obligations is not allowed). If the matter is related to ensuring of collective safeguards the guarantors are entitled to determine actions to influence the infringer by means of making of a written agreement. Obligations of guarantors are of more importance since their execution has a defining meaning for the outcome of the safeguarded international agreement. The international law is aware of the wide range of obligations of guarantors: prohibition to impose any behavior model upon the state whose interests the guarantor undertook to protect, to interfere directly or indirectly intro the affairs of the state, to occupy a part of the territory of any state supposedly for the purpose of ensuring of the safeguards obligations, to violate the rights of the state under protection, to render assistance not stipulated under the safeguards agreement, to impart a meaning to the ensured agreement that is not in line with the interpretation of the agreement by the parties under the agreement. The summarizing obligation of the guarantor is to take all the possible measures for the purpose of stimulating of the participants of the agreement to execute the international agreement consistently. Besides, it is important that the guarantors are imbued with understanding of the fact that they shall ensure the rights and interests being violated irrespective of how disadvantageous it may turn out to be for them. Inadmissibility of deviation from the safeguards obligations in case of breaching of the agreements by other guarantors is deemed to be an obligation of the guarantor under the agreement. Class of form of international legal safeguards is of interest in addition to their content. Content and form as two closely interrelated concepts are considered in the same context. With regard to international legal safeguards it is due to the fact that the content comprising the unity of all the legal constituents exists and is expressed by means of a form. A form of international legal safeguards is presented as an agreed instrument by means of which the safeguards given by one state to the other state can obtain explicit or textual nature. Therefore, content and form of safeguards are closely connected and inseparable. A form of safeguards is in writing. Only owing to languages any international safeguards become explicit. International legal safeguards of agreements shall be classified in two groups in terms of their nature, namely, general and special. General safeguards may be of two levels: a) general safeguards on bilateral basis; b) general safeguards on multilateral basis within the scope of multi-purpose and regional organizations for collective security. Being a means of effective enforcement of international legal norms and regulations, international safeguards differ in objects and subjects. Ensuring of security of a state, integrity and inviolability of its territory, certain status, state of affairs, etc. may be the objects of safeguards. It is assumed that states may be the subjects of safeguards as they are the only sovereign entities. Depending on the number of states participating in ensuring of international legal safeguards, it is conventional to distinguish simple (individual) and complex (collective) safeguards.

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