Бекяшев К.А. Российская Федерация и основные принципы международного права

Аннотация: It is noted in the article that the Soviet Russia and later on the Soviet Union made a significant contribution to the formation and democratization of fundamental principles of common international law. As a result of the October revolution of 1917 there came into being a number of principles, for instance the principle of peaceful coexistence, the principle of cooperation. The author analyzed viewpoints of Russian international law specialists on the role of Russia in the formation of fundamental principles of international law (R.L. Bobrov, N.A. Ushakov, D.N. Baratashvili, D.B. Levin, etc.). Article 15 of the Constitution stipulates that generally recognized principles and norms of international law and international treaties of the Russian Federation make part of its legal system. In other words, these principles can and must be directly applied and strictly observed by the subjects of the Russian law. Many Russian lawyers speak about the supremacy of fundamental principles of international law. The article offers abstracts from these laws. The Constitutional Court of the Russian Federation is guided in elaborating and voting on its decisions by generally recognized principles and norms of international law. This thesis is supported by the author’s analysis of specific decisions of the Court. On October 10, 2003 the Plenum of the Supreme Court of the Russian Federation passed a resolution “On the application of generally recognized principles and norms of international law and international treaties of the Russian Federation by courts of general jurisdiction,” which gives a definition of generally recognized principles of international law and specifies the peculiarities of its application by courts of all levels. Russian Federation strictly follows basic principles of common international law, and peacemaking operations against Georgian troops in the South Ossetia in August, 2008 testified to it. The Medvedev-Sarkozy plan to settle the conflict is based on generally recognized principles of international law. In full accordance with them Russian Federation recognized Abkhazia and South Ossetia as sovereign states and established diplomatic relations with them on an embassy level.

Abstract: It is noted in the article that the Soviet Russia and later on the Soviet Union made a significant contribution to the formation and democratization of fundamental principles of common international law. As a result of the October revolution of 1917 there came into being a number of principles, for instance the principle of peaceful coexistence, the principle of cooperation. The author analyzed viewpoints of Russian international law specialists on the role of Russia in the formation of fundamental principles of international law (R.L. Bobrov, N.A. Ushakov, D.N. Baratashvili, D.B. Levin, etc.). Article 15 of the Constitution stipulates that generally recognized principles and norms of international law and international treaties of the Russian Federation make part of its legal system. In other words, these principles can and must be directly applied and strictly observed by the subjects of the Russian law. Many Russian lawyers speak about the supremacy of fundamental principles of international law. The article offers abstracts from these laws. The Constitutional Court of the Russian Federation is guided in elaborating and voting on its decisions by generally recognized principles and norms of international law. This thesis is supported by the author’s analysis of specific decisions of the Court. On October 10, 2003 the Plenum of the Supreme Court of the Russian Federation passed a resolution “On the application of generally recognized principles and norms of international law and international treaties of the Russian Federation by courts of general jurisdiction,” which gives a definition of generally recognized principles of international law and specifies the peculiarities of its application by courts of all levels. Russian Federation strictly follows basic principles of common international law, and peacemaking operations against Georgian troops in the South Ossetia in August, 2008 testified to it. The Medvedev-Sarkozy plan to settle the conflict is based on generally recognized principles of international law. In full accordance with them Russian Federation recognized Abkhazia and South Ossetia as sovereign states and established diplomatic relations with them on an embassy level.