Брыч Л.П. Отличие смежных составов преступлений от составов, предусмотренных конкурирующими нормами

Аннотация: International guarantees and control are considered by the international law to be the key means of ensuring of contractual obligations of the states. The priority of these means over other methods of ensuring of the execution of international obligations is stipulated by the importance given to them by the states. The frequency of application of guarantees and control in the interstate relationships emphasizes, above all, their large international significance. The nature of the definition of the notation of the “international guarantees” developed by the science of law enables, in general, to state that this instrument of ensuring of execution of warranties and representations given by some states to other participants of the international relationships with regard to the certain manner and behavior ensuring the observance of the established rules or the status of some state or a group of states, of the execution of the international obligations or of maintaining of a certain status of the international relationships. Hence, the obligations under a guarantee agreement contemplate the following: 1) strict observance of the established rules and procedures by the states-guarantors; and 2) along with the above, dynamic actions ensuring the observance of rights and restoration of the infringed rights or violated procedures. In case of taking actions mentioned in paragraph 2) the guarantors undertake to do their best to motivate other states to execute the obligations being the subject of the guarantees. Guarantees and control being involved in the unified system of international relationships are characterized by certain compatibility. The example could be the fact that the control over execution of contractual provisions disciplines the participants thereof and, in this sense, guarantees their adherence to the obligations. Exactly in the same way, international guarantees presume carrying out of inspections agreed by the states, that is, exercise of control. At the same time, the close connection of these notions does not eliminate the distinction between them. Legal guarantees and legal control remain their permanent property of independent means of ensuring of international agreements. As it is mentioned above, the protective function of international legal guarantees even surpasses the advantages of the international control. Therefore, such characteristic relationship as well as the possibility to apply guarantees and control both independently and together finally convinces us in the comprehensive compatibility of these notions.

Abstract: International guarantees and control are considered by the international law to be the key means of ensuring of contractual obligations of the states. The priority of these means over other methods of ensuring of the execution of international obligations is stipulated by the importance given to them by the states. The frequency of application of guarantees and control in the interstate relationships emphasizes, above all, their large international significance. The nature of the definition of the notation of the “international guarantees” developed by the science of law enables, in general, to state that this instrument of ensuring of execution of warranties and representations given by some states to other participants of the international relationships with regard to the certain manner and behavior ensuring the observance of the established rules or the status of some state or a group of states, of the execution of the international obligations or of maintaining of a certain status of the international relationships. Hence, the obligations under a guarantee agreement contemplate the following: 1) strict observance of the established rules and procedures by the states-guarantors; and 2) along with the above, dynamic actions ensuring the observance of rights and restoration of the infringed rights or violated procedures. In case of taking actions mentioned in paragraph 2) the guarantors undertake to do their best to motivate other states to execute the obligations being the subject of the guarantees. Guarantees and control being involved in the unified system of international relationships are characterized by certain compatibility. The example could be the fact that the control over execution of contractual provisions disciplines the participants thereof and, in this sense, guarantees their adherence to the obligations. Exactly in the same way, international guarantees presume carrying out of inspections agreed by the states, that is, exercise of control. At the same time, the close connection of these notions does not eliminate the distinction between them. Legal guarantees and legal control remain their permanent property of independent means of ensuring of international agreements. As it is mentioned above, the protective function of international legal guarantees even surpasses the advantages of the international control. Therefore, such characteristic relationship as well as the possibility to apply guarantees and control both independently and together finally convinces us in the comprehensive compatibility of these notions.