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Introduction

1.1 Theoretical aspects of national security

1.2 Threats to Russia's national security

2.1. Theoretical aspects of international economic security

Chapter 3. Ways to strengthen the national and international economic security of Russia

3.2 Ways to strengthen the international economic security of Russia

Conclusion

Bibliography

Introduction

The problems of ensuring national and international security have faced humanity at all times. They acquired a special meaning at the beginning of the 20th century in connection with the reality of the threat of a world war, therefore, at the beginning of the development of the theory and security policy, they were identified with issues of preventing wars. After the First World War, they received official recognition. One of the steps of practical policy in this direction was the creation of the League of Nations. But it was not possible to solve the issues of preventing war: the 2nd World War broke out and after it the Cold War. The end of the latter was not marked by the end of wars and armed conflicts. Moreover, ensuring national and international security in modern conditions has required expanding this concept beyond the prevention of wars and armed conflicts.

Security problems have acquired fundamentally new features in the modern world, which is multifaceted, dynamic and full of sharp contradictions. The current life is characterized by the involvement of all mankind in world processes, whose course is accelerated by unprecedented scientific and technological progress, the aggravation of social, economic, raw materials and other problems that are becoming global in nature, until the 90s, issues of international security of the state were mainly developed in the scientific literature in our country and abroad . This was due to the growing interdependence of various states and peoples of the world, the internationalization of their economies, and the emergence of global weapons of mass destruction. The global threat to humanity from industrial activity has also increased.

The concept of international and national security, in the Russian scientific literature, international security is considered as a state of political, economic and other relations between states, eliminating the threat of aggression by one or a group of states against another state or group of states and ensuring their peaceful coexistence on the basis of equality, non-interference in internal affairs each other, respect for national independence and self-determination of peoples, as well as their free development on a democratic basis. As can be seen from the above definition, international security acts only as a favorable external environment for the development of states. This approach stemmed from the primacy in international politics of precisely ensuring the security of the state.

The relevance of the topic under consideration lies in the fact that the interest of the world community in security issues is steadily growing, which is associated with the permanent crisis phenomena of the late XX - early XXI century, the severity of which directly raised the question of the future fate of all mankind. Dynamic changes in the global geopolitical situation, the international position of Russia and the conditions for its internal development, the intensification of international terrorism, the negative factors of the country's socio-economic development, new trends in exacerbating threats to the interests of citizens, society and the state pose an urgent task for all government bodies to develop effective measures aimed at the practical solution of key problems of ensuring national security.

The purpose of the work is to reveal the essence of Russia's national and international economic security and explore ways to strengthen it.

Tasks of the work: - to analyze the concepts of national and international economic security;

To study the main components of national and international economic security;

Consider the threats to the national and international economic security of Russia, its types and forms;

To reveal the content of the modern doctrine of national and international economic security of Russia

The subject of the study is the national and international economic security of Russia.

The object of the study is the main patterns of the emergence, formation and development of relations in the field of legal support for the national and international economic security of Russia.

Research method - general scientific and private scientific methods of cognition of social and legal phenomena and activities for the legal support of the national and international economic security of Russia.

This course work consists of an introduction, three chapters, six paragraphs, a conclusion and a list of references.

Chapter 1. The concept of national economic security

1.1 Theoretical aspects of national economic security

The term "national security" was first introduced into the political lexicon by US President Theodore Roosevelt in 1904. Until 1947, it was used in the sense of "defense", and not the integration of foreign, domestic and military policies. In 1947, the US Congress passed the National Security Act, which created the National Security Council (NSC), which still exists today. It develops a system of goals, interests, threats and national policy priorities. Since 1971, a NSC subcommittee has been in place to set US priorities.

In the USSR, the problem of national security was not officially developed. It was, as it were, included in the category of “defense capability” familiar to the Soviet era.

In our country, since the beginning of 1990, understanding the problem of national security has been undertaken within the framework of the USSR Supreme Soviet Committee on Defense and State Security. The National and International Security Fund and a number of initiative groups were created. The result of many years of work of our scientists and deputies was the Law of the Russian Federation "On Security", which was adopted by the Supreme Council of Russia on March 5, 1992.

In accordance with this law, security is considered as a state of protection of the vital interests of the individual, society and the state from internal and external threats.

In Russian history, the term "national security" was first used in 1995 in the Federal Law "On Information, Informatization and Information Protection". The concept of "national security" was further developed in the Address on National Security of the President of the Russian Federation to the Federal Assembly dated June 13, 1996: "... national security is understood as a state of protection of national interests from internal and external threats, ensuring the progressive development of the individual, society and the state" .

The fundamental document in the field of security, first approved by the President of the Russian Federation in 1997, as amended in 2000, is called the National Security Concept of the Russian Federation.

It defines that the main objects of security include: the individual, society and the state. Society and the state are closely linked. At the same time, the main link between them is the personality. The protection of her life and health, rights and freedoms, dignity and property is of paramount importance.

Personal security consists in the real provision of constitutional rights and freedoms; improving the quality and standard of living; physical, spiritual and intellectual development.

The security of society includes the protection of its material and spiritual values, law and order, the strengthening of democracy, the achievement and maintenance of public harmony on the basis of the principle of social justice.

However, such a state, when there are no threats, is ideal. In reality, there is always a certain danger or possibility of its occurrence. Therefore, the concept of security includes the ability of society to withstand possible threats.

Danger is a well-realized, but not fatal, probability of harming the interests of society.

A threat is a real, immediate possibility of damaging vital interests.

Sometimes the concepts of "danger" and "threat" are equated, considering the differences between them insignificant. But it is still more correct to interpret danger as a certain probability of causing damage. This means that it can exist, but there will be no threat, and only under certain conditions can danger reach the nature of a threat.

It is characterized by four major features. First, it is a dynamic increased danger. Second, demonstrating a willingness to commit violence to cause damage. Thirdly, the threat is understood as the intention of some subjects to harm others. Fourthly, it is the highest degree of transformation of possible damage into reality.

For example, after coming to power in the early 1930s, Hitler declared that Germany needed living space in the East. Such views were a danger to the Soviet Union. The threat was the concentration of Nazi troops near the Soviet border.

The security of the state lies in the protection of its constitutional order, sovereignty, territorial integrity, the establishment of political, economic and social stability, the unconditional implementation of laws, resolute opposition to destructive forces, corruption, bureaucracy, and attempts to gain power for selfish purposes.

Political security is an integral part, the main link and the basis of national security. This is the state of the political system, which guarantees the rights and freedoms of citizens, social groups, ensures the balance of their interests, the stability and integrity of the state. In this context, the words of our great compatriot, historian Nikolai Mikhailovich Karamzin, are appropriate: "Personal security is the highest law in politics ...".

An integral feature of the political security of the state is sovereignty. This concept is defined as the ability of the state to conduct an independent foreign and domestic policy. In other words, sovereignty is the supremacy of state power within the country, which means the subordination of all persons and organizations within the state territory to it, and independence in international relations.

Economic security is the state of life of an individual, a social group and society as a whole, in which the protection of their material interests is guaranteed, the harmonious, socially oriented development of the economy, and the ability of the state to determine without outside interference the ways and forms of its economic development.

Social security can be defined as such a state of development of the individual, various groups of the population, society and the state, in which they remain satisfied with their social status, and relations within and between them are not confrontational.

Information Security. It understands the ability of the state to protect all spheres of public life, the consciousness and psyche of citizens from negative information impact, providing management structures with reliable data for their successful functioning, preventing the leakage of classified socially valuable information and maintaining constant readiness for information confrontation within the country and on the world stage.

Military security is a state in which a nation does not sacrifice its interests for fear of being involved in a war and is able to reliably and effectively protect them by military means and methods if war cannot be avoided.

The specificity of this type of security lies in the fact that military security serves as a condition for ensuring many other types of security and, at the same time, is ensured on their basis.

Historical experience shows that the absence or weakness of the state militarily often pushed other countries to armed aggression, the implementation of their interests in a particular region by ignoring or infringing on others. In the 19th century, the Prussian general F.D. Galtz rightly argued that the best way to keep the peace is to have a strong and well-organized army, for "the strong do not run the risk of being affected so easily as the weak."

The strategy is the basis for constructive interaction between state authorities, organizations and public associations to protect the national interests of the Russian Federation and ensure the security of the individual, society and the state.

In addition, this document clarifies and concretizes a number of important concepts of the theory of national security:

National security - the state of protection of the individual, society and the state from internal and external threats, which allows to ensure constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the state.

The national interests of the Russian Federation are a set of internal and external needs of the state in ensuring the security and sustainable development of the individual, society and the state.

National security system - forces and means of ensuring national security.

National Security Forces - the Armed Forces of the Russian Federation, other troops, military formations and bodies in which federal legislation provides for military and (or) law enforcement service, as well as federal government bodies participating in ensuring the national security of the state on the basis of the legislation of the Russian Federation .

National security means - technologies, as well as technical, software, linguistic, legal, organizational means, including telecommunication channels used in the national security system to collect, form, process, transmit or receive information about the state of national security and measures to strengthen it .

1.2 Threats to Russia's national economic security

Threat to national security - a direct or indirect possibility of damage to constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty and territorial integrity, sustainable development of the Russian Federation, defense and security of the state.

The development of the world follows the path of globalization of all spheres of international life. Contradictions have become aggravated between states, connected with the uneven development as a result of globalization processes, the deepening of the gap between the levels of prosperity of countries. Values ​​and development models have become the subject of global competition.

Threats to Russia's military security are the superiority of a number of leading foreign countries in the development of high-tech means of warfare, the unilateral formation of a global missile defense system and the militarization of near-Earth outer space.

Today, according to the forecasts of Russian researchers, near the borders of Russia, confrontation is intensifying for access to natural, energy, scientific, technical, human and other resources, as well as for expanding opportunities, including legal ones, for their use. In the so-called color revolutions in Georgia, Ukraine and Kyrgyzstan, the intervention of the West paralyzed the military-political leadership of these countries, ensuring their submission to the instructions of Western embassies.

The so-called "information terrorism" also poses a threat to Russia's national security at the present time. It has become an integral part of the global information society. It can be considered a manifestation of extreme extremism in the information sphere, aimed at achieving political goals through the nomination by individuals or an organized group of individuals of demands on power structures that cannot be satisfied within the existing legal framework.

Studying the National Security Strategy of the Russian Federation until 2020, it can be concluded that several main groups will pose a threat to Russia's national interests:

The first group includes potential threats that threaten the geopolitical interests of our country, position and status in the world community. They are also directed against the territorial integrity and independence of the foreign policy of the Russian state.

Factors can be:

Actions of states aimed at violating the integrity of the Russian Federation and satisfying territorial claims against the Russian Federation, with references in some cases to the lack of a clear treaty-legal formalization of interstate borders;

Actions of other countries aimed at undermining and restraining integration processes within the CIS, weakening the ties of the Russian Federation with the countries of Central and Eastern Europe and the Baltics, as well as with other states in areas of traditional cooperation, which are becoming more and more coordinated;

Violations of the rights and freedoms of the Russian-speaking population and citizens of the Russian Federation living in neighboring states, leading to increased tension (including in certain regions of Russia) and uncontrolled migration processes;

The policy of double standards pursued by certain forces abroad, who, while declaring in words the need to ensure stability in the Russian Federation, in fact, are trying to do everything in their power to prevent this and thereby reduce the importance of the Russian Federation in solving key problems of the world community and activities of international organizations.

The second group - consists of potential threats that have a geo-economic dimension that can weaken Russia's position in international economic relations, create difficulties for the progressive growth of the economic potential of our country, improve the welfare of the people and strengthen the country's defense capability.

This group includes threats:

The desire of the leading Western countries to weaken the economic independence of the Russian Federation and secure its role as a supplier of fuel and raw materials for the world economy and a source of skilled but cheap labor;

Attempts to limit Russia's presence in foreign markets (including the arms market), as well as actions to force it out of them;

Actions of "partners" aimed at maintaining restrictions on the access of the Russian Federation to advanced technologies, creating obstacles for Russia's full participation in international financial, economic and trade structures and organizations.

The third group is potential threats in the energy and resource sectors that can create obstacles to the development of the Russian Federation as a world energy power, expressed in the claims of foreign states to the natural wealth of our country, to its colossal base of natural resources.

Analysts note that in the near future our country, as the owner of the world's main fuel and energy resources, will be subject to strong geopolitical pressure from consumer countries. Such pressure, according to the forecasts of Russian researchers, can be carried out in the following most probable forms:

The advancement of new territorial claims against the Russian Federation and statements similar to those made in early 2007 by the then US Secretary of State Condoleezza Rice and Madeleine Albright that Siberia has such large reserves of resources that they belong not to Russia, but to the world;

Attempts to ignore the interests of the Russian Federation in solving problems of international security, counteracting its strengthening as one of the influential centers of the multipolar world;

Inciting new hotbeds of armed conflicts, primarily near the borders of the Russian Federation and the borders of its allies (the Middle East, Central Asia, the Caucasus, the Balkans);

Carrying out all kinds of covert, subversive, reconnaissance and propaganda operations to take control of the extraction and distribution of fuel and energy resources;

Creation of groupings of troops leading to a violation of the existing balance of forces near the borders of the Russian Federation and the borders of its allies, as well as on the seas adjacent to their territory;

The expansion of the influence of the North Atlantic Alliance, the desire to gain a foothold in the post-Soviet space, as well as attempts to use the combined military power of NATO to exert military and political pressure and obtain concessions in access to fuel and energy resources;

The introduction of foreign troops in violation of the UN Charter into the territory of states adjacent to the Russian Federation and friendly to it (the creation of military bases and the deployment of groupings of troops in the territories of the former republics of the USSR).

The fourth group is potential threats that are directly of a military nature. The elimination of such threats is connected with the prevention of situations in which military aggression against the Russian Federation or an attack on its military contingents and citizens outside our state could be committed.

Many Russian researchers refer to the main external military threats as follows:

Deployment of groupings of forces and means aimed at a military attack on Russia or its allies;

Territorial claims against the Russian Federation, threats of political or forceful exclusion of certain territories from it;

Implementation by states, organizations and movements of programs to create weapons of mass destruction;

Interference in the internal affairs of the Russian Federation by foreign states or organizations supported by foreign states;

Demonstration of military force near the borders of Russia, conducting exercises with provocative goals;

The presence near the borders of the Russian Federation or the borders of its allies of centers of armed conflicts that threaten their security;

Instability, weakness of state institutions in border countries;

The build-up of groupings of troops, leading to a violation of the existing balance of forces near the borders of the Russian Federation or the borders of its allies and the sea waters adjacent to their territory;

Expansion of military blocs and alliances to the detriment of the military security of the Russian Federation or its allies;

The activities of international radical groups, the strengthening of the positions of Islamic extremism near Russian borders;

The introduction of foreign troops (without the consent of the Russian Federation and the sanction of the UN Security Council) on the territory of states adjacent and friendly to the Russian Federation;

Armed provocations, including attacks on military installations of the Russian Federation located on the territory of foreign states, as well as on objects and structures on the state border of the Russian Federation or the borders of its allies;

Actions that impede the operation of the Russian systems of state and military control, ensuring the functioning of strategic nuclear forces, warning of a missile attack, anti-missile defense, control of outer space and ensuring the combat stability of troops;

Actions that impede Russia's access to strategically important transport communications;

Discrimination, suppression of the rights, freedoms and legitimate interests of citizens of the Russian Federation in foreign countries;

Distribution of equipment, technologies and components used to manufacture nuclear and other types of weapons of mass destruction, as well as dual-use technologies that can be used to create weapons of mass destruction and their means of delivery.

An integral part of the military threat to the national security of the Russian Federation is the threat from aerospace. The transformation of means of combat in aerospace into the main weapon of modern wars and their intensive development by leading foreign countries testifies to the objective growth of this type of threat.

These and other factors taken together make it preferable for Russia's potential opponents of an aerospace attack over ground-based means of attack. The situation around Russia is taking shape today under the influence of cardinal changes taking place in the system of the emerging new image of Russia and the new image of the world order. The geostrategic position of Russia imposes a strict requirement: to be in constant readiness to repulse external threats, including from deployed groupings of forces and means of aerospace attack and anti-missile defense of foreign states. First of all, we are talking about those states whose geopolitical interests are or may come into conflict with the corresponding interests of Russia.

Chapter 2. The concept of international economic security

2.1 Theoretical aspects of international economic security

The development of globalization leads to the emergence of the problem of international economic security. The processes of globalization can contribute to the emergence of crisis phenomena at the international, national and regional levels. A striking example is the financial crisis that arose in 1997 in Southeast Asia and spread throughout 1998 in a number of states in other regions. Ukraine experienced part of the consequences of this crisis in August-September 1998.

Further development of integration processes in the world leads to convergence of national economic security with international economic security.

The Encyclopedic Dictionary "Political Science" interprets international economic security as a complex of international conditions for coexistence, agreements and institutional structures that could provide each state - a member of the world community with the opportunity to freely choose and implement its strategy of social and economic development, without being subjected to external economic and political pressure and counting on non-interference, understanding and mutually acceptable and mutually beneficial cooperation on the part of other states.

Thus, the elements of international economic security include:

Ensuring the sovereignty of states over their natural resources, production and economic potential;

Lack of exclusive priority in the economic development of individual countries or a group of states;

Responsibility of states to the world community for the consequences of their economic policy;

Focus on solving global problems of mankind;

Free choice and implementation by each state of the strategy of social and economic development;

Mutually beneficial cooperation of all countries of the world community;

Peaceful settlement of economic problems.

Compliance with these principles contributes to increased overall economic efficiency as a result of accelerating global economic growth.

An example of solving the problem of collective economic security is the treaty on the European Union (EU), which established the economic and monetary unions of the participating countries. In accordance with it, the Council of Ministers of the EU determines the strategic directions of the economic policy of individual member states and the EU as a whole and controls the development of the economy of each EU state.

At the same time, the leaders of some EU countries note the possibility of a crisis in a number of member countries due to their uneven economic development, the weakness of the currencies of individual states, and the slow reform of public administration in government organizations. Nevertheless, EU leaders believe that the entire European continent can benefit from the processes of integration of the states of this region in economic and political terms, as this will strengthen their security and accelerate economic growth.

Another example of solving problems of international security is the "Osaka Declaration".

In November 1995, an informal meeting of the leaders of the Asia-Pacific Economic Cooperation Organization (APEC) was held in Osaka (Japan), following which a declaration was published. It confirmed the determination of APEC members to strive for the liberalization of trade and investment, the simplification of trade and investment regimes, and the strengthening of economic and technical cooperation.

The experience of the United States testifies to the close interconnection of the international economic security of a particular country. The US national security strategy is formed on the basis of American interests and values. This provides for the need to expand the community of democratic countries with market economies while limiting and containing threats to the United States and its allies. Hence, the main components of the strategy of US involvement in international affairs are:

Strengthening our own security by maintaining a strong defense potential and promoting cooperation with other countries in the field of security;

Activities aimed at opening foreign markets and accelerating global economic growth;

Support for democracy abroad.

The problem of international economic security also affects the economic interests of a country in various regions of the world. Regional economic projects are becoming broader, for example, approving the route of an oil pipeline for transporting Caspian oil. Thus, the Washington Center for Security Policy emphasizes that American interests are affected in solving this problem, among them:

Ensuring free supplies of oil and gas from the Caspian Sea and from the republics of Central Asia to international markets;

Ensuring the economic independence of the former Soviet republics of the region.

In October 1995, the finance ministers and central bankers of the G7 countries approved the idea of ​​creating a special fund in the amount of $50 billion. to prevent currency crises and put in place an "early warning" system for approaching crises, which would include such indicators as the balance of payments and the growth of the money supply.

The role of the administrator of the new "emergency package of measures" to save the national monetary units that are on the verge of collapse is assigned to the IMF.

In modern conditions, the tendency to give the economy a priority place in the domestic and foreign policies of various countries is becoming more and more obvious. This affects the acceleration of integration processes in the world economy. Regional economic organizations and blocs are developing. At the same time, international competition in the economic, scientific and technical spheres is intensifying, which is reflected in the economic growth of developing countries and states with economies in transition. Therefore, the issues of promoting the economic growth of these participants in the world economic system should be under the constant control of the UN.

2.2 Problems of international economic security in Russia

The international economic order is a system of relations between economic international entities, which is always formed depending on the ideas, beliefs and prevailing theories in a given period, the balance of power between the main actors in the international arena.

The implementation of international economic security is closely connected with the refusal of one country or a group of countries to impose development models on another country, from various kinds of coercion, with international recognition of the right of any people to choose their own path.

International economic security is understood as such economic interaction of countries that would exclude deliberate damage to the economic interests of any country. Its implementation is carried out mainly at the supranational level of regulation of international economic relations and consists in the creation of an appropriate international legal mechanism.

Close to the disappearance of the deposits of raw materials in the continental crust, and the question arises of the development of the wealth of the oceans. Humanity already feels a lack of energy, and to replenish it, it is necessary to invade space. The aggravation of the raw materials, energy, and food problems seriously complicates the prospects for a breakthrough by third world countries to the economic level of advanced industrial states. The development of this group of countries is hampered by their large military spending (6% of GNP) and huge foreign debt. Since 1984, the outflow of surplus product from developing countries has exceeded the inflow of new funds, which resulted in. Industrialized countries are forced to some extent to meet the demands of developing countries to reduce debts and delay their payment, open markets, establish a new international order in the world economy and a system of international economic security. In the conditions of increased interdependence, the Western states, which bear a significant share of the responsibility for the backwardness of the former colonial and dependent countries, must take into account not only the explosive state of the social situation in developing countries, but also the fact that the difficult economic situation of these countries hinders the expansion of the world market, and therefore , narrows the possibilities of overall economic growth and the joint solution of environmental problems.

Despite the fact that more than 300 international economic organizations and over 60 regional integration groupings regulating international economic relations are involved in international economic relations, the world has not become more stable and secure. And the words "world economic order" are increasingly being replaced by the concept of "world economic disorder" with many threats, growing inequality and, most importantly, the uncontrollability of world economic processes.

What is going on? After all, globalization, as an objective trend towards the economic rapprochement of countries, remains. The idea of ​​universal liberalization, which ensures lasting prosperity and economic growth for all states, is crumbling, the most backward countries are being recolonized, world loan capital is being transformed into frankly speculative capital that destroys the real economy, and liberal norms and standards are being selectively applied. Instead of the process of democratization of international economic relations, a course has been taken towards a combination of economic and military means to establish the economic hegemony of the United States. "The US is now enjoying strategic and ideological superiority. The first goal of its foreign policy should be to maintain and strengthen this superiority." These words belong to D. Kagan, director of the Carnegie Endowment, which is developing a script project called "America's Leadership."

Western researchers also note the special nature of the liberalization of foreign relations in Russia, in the course of which the country's economy adapts to the rules and norms of the international market. It is emphasized that in Russia there was mainly a financial opening to the world, ahead of the economic liberalization of other areas. Thus, for example, exchange transactions and placement of funds were virtually free, while foreign direct investment was regulated, "it was necessary to act exactly the opposite." One of the consequences of this financial opening to the world was the dollarization of the economy. (According to some estimates, on the eve of August 1998, up to 80% of the ruble mass in circulation were dollars).

We can agree with the assessments of the well-known American economist Turow that "today Russia is halfway between a market economy and a planned economy, and neither of them works." But in order to move forward, it is necessary to resolve the main question - "how and when", since the cause of the crisis in Russia is not so much economic as political. With the "blurring" of strategic guidelines, the policy of reforms is reduced mainly to responding to reform failures and crisis situations. Moreover, many of these "failures" do not seem so random.

Perhaps the most terrible news in terms of international economic security came from Ukraine, where, within the framework of the new government, key economic areas were given to foreign specialists. Unfortunately, we have to state that Ukraine has completely lost the sovereignty of its economic policy and, apparently, de facto its national economy has come under external control.

To date, the situation associated with Ukraine has greatly weakened the international economy of Russia. Western countries, led by the United States, do not benefit from Russia's position in relation to the situation in Ukraine. In this connection, Western countries, led by the United States, are imposing sanctions on Russia. Such pressure causes not only economic damage, but also threatens Russia's international security.

1. The State Department threatened Russia with sanctions for deals with Iran. Since recently the US rhetoric towards Iran has changed dramatically from discussions of a possible military operation to negotiations, it can hardly be said that the US is simply against violating the sanctions regime. Most likely, the fear of the United States is the establishment of too close partnerships between the Russian Federation and Iran.

2. Russia announced the closure of the South Stream project, announcing its intention to build an alternative gas pipeline to Turkey. Despite all the orgy of biased analysts who began vying to assert that this is the defeat of the Russian Federation and personally V.V. Putin, as well as Russia's recognition of its defeat, so far everything looks just the opposite. To all appearances, the EU did not even imagine that the games in obstructing the construction of this gas pipeline could lead to such sad events for them. However, the consequences may turn out to be sad for the Russian Federation, but so far Russia's position looks more preferable.

3. Member countries of the Eurasian Economic Union, which currently includes Russia, Belarus, Kazakhstan and Armenia, intend to abandon mutual settlements in US dollars and euros. In return, according to the draft concept for the development of payment systems on the territory of the EAEU, by 2025-2030 there should be a transition to mutual settlements in national currencies. Nevertheless, the volumes of mutual trade turnover seem to be still insufficient for mutual settlements to be actually carried out in all national currencies. In addition, export-import flows will definitely be unequal. Therefore, it seems more realistic that one currency will be chosen (officially or unofficially) for mutual settlements and, most likely, the Russian ruble is the main contender, or a single currency project is being implemented, that is, the notional altyn that has already surfaced in various projects.

4. On December 1, the Central Bank already took out a “sheathed blade of intervention” and intervened in the formation of the ruble exchange rate. This was explained a few days later by the fact that the ruble exchange rate "significantly deviated from fundamentally justified values." Is it worth it to understand that between November 10, when the abandonment of the currency corridor was officially announced, and December 1, this rate fit into the interval of “fundamentally sound values”, it remained unclear. However, the fact remains that the market has not yet had time to miss foreign exchange interventions, and the Bank of Russia has already returned.

The global world order makes national borders permeable. First of all, this is a change in the functions of the state. In part, they are transferred to international organizations, forcing countries to comply with international rules for regulating market relations. At the same time, while remaining the subject of international economic relations, the state must regulate domestic processes, perform the traditional functions of social protection, resist the market elements, i.e. be under double pressure.

Now a crisis situation is emerging, about which we can say that some of the international economic organizations (IMF, World Bank) are becoming omnipotent, dictating the "rules of the game" to borrowing countries, and at the same time powerless, since they are not able to regulate and coordinate the dynamics of such factors. manufacturing as finance, and to prevent modern capitalism from becoming the so-called "turbo-capitalism" of the American style, as Edward Luttwak figuratively dubbed its modern stage in a book of the same name and published in 1999.

In modern conditions, the stratification is intensifying, and the "technological colonialism" of the states of the industrial "core" transfers competition to the sphere of high technologies, inaccessible to most countries.

At the same time, it is quite obvious that the deterioration in the position of resource-producing countries can continue only up to certain limits that do not violate the overall global stability. That is why the West is concerned about the creation of various projects for reforming the international management system - from revising the powers and functions of the IMF, World Bank and other organizations to creating new international institutional structures, up to the World Government.

However, the monopolization of the management of international economic relations cannot become a stable structure, and the erosion of national sovereignty will inevitably give rise to aggressive nationalism. A new system of power must appear on the world stage, meeting the requirements of a new world order built on collectivist foundations.

economic security national strengthening

Chapter. 3. Ways to strengthen the national and international economic security of Russia

3.1 Ways to strengthen Russia's national security

Strategic national priorities are the most important areas for ensuring national security, along which the constitutional rights and freedoms of citizens of the Russian Federation are implemented, sustainable socio-economic development and protection of the country's sovereignty, its independence and territorial integrity are carried out.

The National Security Concept of the Russian Federation as amended in 2000 was replaced by the National Security Strategy of the Russian Federation until 2020 (Strategy). It was approved by the head of state on May 12, 2009 by Decree No. 537.

The development and adoption of the strategy was caused by:

First, the aggravation of interstate contradictions associated with the uneven development of their development and the deepening of the gap between the levels of prosperity of countries.

Secondly, the vulnerability of all members of the international community in the face of new challenges and threats.

Thirdly, with the strengthening of new centers of economic growth and political influence, a qualitatively new geopolitical situation is emerging, associated with the solution of existing problems and the settlement of crisis situations on a regional basis without the participation of non-regional forces.

Fourth, the failure of global and regional security systems (focused, especially in the Euro-Atlantic region, only on the North Atlantic Treaty Organization).

Fifth, the imperfection of legal instruments and mechanisms that pose a threat to international security.

Sixth, the need to address important domestic issues in the field of healthcare, education, science, ecology, culture, as well as improving the welfare of citizens and economic growth.

The National Security Strategy of the Russian Federation until 2020 is a kind of response to the new international situation.

It is the basic document for planning the development of the national security system of the Russian Federation. It outlines the course of action and measures to ensure national security. The strategy is the basis for constructive interaction between state authorities, organizations and public associations to protect the national interests of the Russian Federation and ensure the security of the individual, society and the state.

The national interests of our state in the long term are:

In the development of democracy and civil society, increasing the competitiveness of the national economy;

In ensuring the inviolability of the constitutional order, territorial integrity and sovereignty of the Russian Federation;

In the transformation of the Russian Federation into a world power, whose activities are aimed at maintaining strategic stability and mutually beneficial partnerships in a multipolar world.

The National Security Strategy of the Russian Federation is a fundamentally new document. For the first time, it clearly reflects strategic national priorities and outlines the main criteria for assessing the state of national security.

The main priorities of the national security of the Russian Federation are national defense, state and public security.

To ensure national security, the Russian Federation focuses its efforts and resources on the following sustainable development priorities:

Improving the quality of life of Russian citizens by guaranteeing personal security, as well as high standards of life support;

Economic growth, which is achieved primarily through the development of a national innovation system and investment in human capital;

Science, technology, education, healthcare and culture, which are developed by strengthening the role of the state and improving public-private partnerships;

Ecology of living systems and rational nature management, the maintenance of which is achieved through balanced consumption, the development of advanced technologies and the expedient reproduction of the country's natural resource potential;

Strategic stability and equal strategic partnership, which are strengthened on the basis of Russia's active participation in the development of a multipolar model of the world order.

The main criteria for assessing the state of national security of the Russian Federation are:

Unemployment rate (share of the economically active population);

The level of growth in consumer prices;

the level of state external and internal debt as a percentage of gross domestic product;

The level of provision with resources for healthcare, culture, education and science as a percentage of the gross domestic product;

The level of annual renewal of weapons, military and special equipment;

The level of provision with military and engineering personnel;

Decile coefficient (the ratio of incomes of 10% of the most wealthy and 10% of the least wealthy population).

According to the Russian Academy of Sciences, in 2000 in our country, the incomes of the richest in our country exceeded the incomes of the poorest by 14 times, now - 17 times. At an expanded meeting of the State Council in February 2008, the former President of the Russian Federation V. to minimize the gap between the incomes of the most and least well-to-do strata of society. As you can see, this indicator is now one of the main criteria for assessing the state of national security.

In general, the implementation of the "National Security Strategy of the Russian Federation until 2020" is intended to become a mobilizing factor in the development of the national economy, improving the quality of life of the population, ensuring political stability in society, strengthening national defense, state security and law and order, increasing the competitiveness and international prestige of Russia.

The geostrategic position of Russia imposes a strict requirement: to be in constant readiness to repulse external threats, including from deployed groupings of forces and means of aerospace attack and anti-missile defense of foreign states. First of all, we are talking about those states whose geopolitical interests are or may come into conflict with the corresponding interests of Russia.

The military security of Russia is ensured by a purposeful state policy in the field of defense, which is a system of conceptual views and practical measures of an international, economic, military and other nature aimed at preventing a military attack and organizing the repulse of military aggression.

...

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ú INTERNATIONAL LAW ú

Actual problems of international

private law

N. G. Doronina

Features of modern conditions for the development of international private law

The problems of private law relations, characterized by the presence of a foreign element, are due to the structure of private international law. “Many Russian researchers perceive modern private international law as a stable unity of conflict rules and principles mediating two substantive legal complementary ways of regulating private law relations complicated by a foreign element”1.

The important role of conflict law in private international law of the Russian Federation has made it possible to form a special area of ​​law in the national legal system. This feature has been noted in other countries as well. “Thanks to the conflict of law rules, private international law has become an independent area of ​​law, located in the national system of law of a separate state

Doronina Natalia Georgievna - Head of the Department of Private International Law IZiSP, Doctor of Law.

*The article was prepared based on the materials of the report made at the meeting of the Private Law Section of the Academic Council of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

1 Zvekov V.P. Collisions of laws in private international law. M., 2007. S. 1.

gifts" 2. However, conflict rules are limited to only indicating the legal order in which answers should be sought in relation to the relations that have arisen. At the same time, as Adolfo Miajo de la Muelo emphasizes, the law of each state, like the system of public international law, consists of substantive norms, i.e. norms that contain the answer to the question of what legal consequences arise in connection with or other legal matter.

Internal substantive rules governing relations with a foreign element are also part of private international law. “Private international law is not limited to conflict of laws; but conflict rules are a very significant part of international private law in terms of volume and the most complex from the legal and technical side”3. Indeed, the law on state regulation of foreign trade, the law on foreign investment, and other laws fall within the scope of international private law. Issues of unification of material civil

2 Adolfo Miaho de la Muelo. Las Normas Materiales de Derecho Internacional Privado // Revista Espanola de Derecho Internacional. V. XVI, No. 3. (Adolfo Miajo de la Muelo - Professor of International Law at the University of Valencia, Spain).

3 Lunts L. A. Course of private international law. M., 2002. S. 30.

Danish law, which received their decision in the norms of an international treaty, are also part of private international law. Issues of the legal status of foreigners have always been considered among the issues of private international law, if it was about the scope of their legal capacity. The norms of international civil procedure have traditionally been considered within the framework of private international law in the Russian Federation. “International procedural law is a set of norms and rules governing the competence of the judiciary, the form and evaluation of evidence and the execution of decisions in international legal life in the event that a conflict of procedural laws and customs of various states occurs”4.

The complex structure of private international law (hereinafter referred to as PIL) for a long time did not allow classifying this area of ​​science as a branch of law. The autonomy of private international law within the framework of civil law was recognized with the adoption of part 3 of the Civil Code of the Russian Federation in 2001. The changes taking place in international life testify to the ongoing development of private international law as an independent branch of law. The Minister of Foreign Affairs of the Russian Federation S. Lavrov, at the conference "Modern State and Global Security" in Yaroslavl in 2009, gave a general description of the ongoing changes, emphasizing that in modern conditions the "deideo-deologization of international relations" is important. To raise the level of significance of private law relations means, according to S. Lavrov, to re-evaluate the essence of the concepts of "state" and "economic activity" in the current conditions of global challenges and threats. Problems of illegal migration, global poverty, the challenge of change

4 Yablochkov T. M. Proceedings on international

my private law. M., 2002. S. 50.

climate, at first glance, being far from the problems of private international law, in fact, are connected with the search for sources of financing for their solution. The emergence of various forms of participation of private individuals in the financing of solving problems of a state scale significantly expands the boundaries of private international law.

Thus, on October 28, 2009, the Government of the Russian Federation adopts a resolution concerning the implementation of “Joint Implementation” projects in Russia in accordance with the Kyoto Protocol to the UN Framework Convention on Climate Change. These projects solve the problem of climate change through the interaction of bodies and individuals on the financing of activities to preserve the ozone layer. The resources formed within the framework of the world community are distributed among its members in accordance with the terms of the international convention. The normative act adopted by the Russian Federation concerns the implementation of this global project, in particular, the procedure for approving “joint implementation” projects, including the definition of authorized bodies and the content of civil obligations of the parties participating in the agreements. New aspects of international cooperation affect the relations arising in private international law.

Back in the 70s. 20th century the course of private international law involved the study of forms of international cooperation, the regulation of which was carried out by norms located in various branches of law: labor (issues of the legal status of foreigners), civil and administrative law (issues of foreign trade), civil procedure (international civil procedure). At present, in addition to strengthening the role of international legal regulation

In the indicated areas of relations, other areas of international cooperation are also developing. However, in these areas, the approach to regulating the relations of private international law remains unchanged. “When studying the international treaties of the Russian Federation, related to the sources of PIL, one cannot but take into account the peculiarities of these treaties. Generating, like any other international treaties, obligations for the subjects of international law that have concluded them, they contain norms, the implementation of which is ensured, ultimately, in the sphere of relations between citizens and legal entities.

In connection with the adoption of the Concept for the Development of the Civil Legislation of the Russian Federation (hereinafter referred to as the Concept), it seems important to once again turn to the problems of private international law, identifying priorities in solving certain problems of developing international cooperation6.

According to the approved Concept, the correction of section six “Private International Law”, part three of the Civil Code of the Russian Federation seems to be sufficient, taking into account the accumulated experience and the changes that have occurred. At the same time, in the Concept, as a justification for such an adjustment, an insignificant circle of changes that have occurred is given, in particular, a reference is made to the adoption by the European Union of communitarian legislation in the field of private international law in the form of regulations on contractual and non-contractual obligations.

5 Private International Law: Proc. / Ed. N. I. Marysheva. M., 2004. S. 37.

6 The Concept for the Development of the Civil Legislation of the Russian Federation was approved at a meeting of the Council for the Codification and Improvement of Civil Legislation, which took place on October 7, 2009 under the chairmanship of the President of the Russian Federation.

7. In our opinion, the changes in international life mentioned by S. Lavrov do not allow us to confine ourselves to “finishing work” in the current legislation. In addition to correcting the relevant section in the Civil Code of the Russian Federation, it would be advisable to think about the prospect of adopting a law on private international law.

The work on the unification of private international law in the European Union has indeed made great progress, and not only in the field of contractual and tort relations. Drafts of uniform regulation of property relations in family law8, inheritance law9, as well as in resolving issues of jurisdiction, recognition and enforcement of foreign judgments10 have been prepared. This activity, of course, gives food for thought on improving the general provisions of the mentioned section of the Civil Code of the Russian Federation.

At the same time, the examples given are only a small

7 See: European Union Regulation of 17 June 2008 on the law applicable to contractual obligations (Rome I) and European Union Regulation of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) / / Bulletin of the Supreme Arbitration Court of the Russian Federation. 2009. No. 11. P. 95.

8 See: Proposal for a Council Regulation, amending Regulation (EC) N 2201/ 2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters // Com (2006) 399 final of 17.07.2006 (Rome III); Green Paper on Conflict of Laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition // Com (2006) 400 final of 17.07.2006 (Rome IV).

9 See: Green Paper on Succession and Wills // Com (2005) 65 final of 03/01/2005 (Rome V).

10 See: Proposal for a Council Regulation on jurisdiction, applicable law, recognition, and enforcement of decision and cooperation in matters relating to maintenance obligations // Com (2005) 649 final of 12/15/2005 (Rome VI).

part of numerous examples of international treaty unification of national legal regulation, which formulate the problem much broader - about the relationship between international and national law as two systems of law. In this regard, the number of conflict rules is expanding and general approaches to resolving conflict issues in the civil law relations of the state with a foreign private person are being clarified. Therefore, it seems relevant to adopt a law on private international law, which would solve problems that go beyond the framework of civil law regulation.

In the European Union, work on the creation of communitarian private international law began in 1980 with the adoption of the Rome Convention on the Law Applicable to Contractual Obligations. The adoption of this convention, which contains general provisions that provide a uniform approach to the application of conflict rules, has led to the adoption of national laws on private international law on all continents11. Adoption of regulations

11 According to research by the Private Law Research Center in 2001, laws on private international law have been enacted at various times and are in effect at the time of publication in countries such as the United Kingdom (Private International Law Act 1995), Austria (Law on Private International Law 1978), Hungary (Decree on International Private Law 1979), Germany (Law on General Conditions of Business 1976), Italy (Law 1995 "Reform of the Italian System of Private International Law" ), Liechtenstein (Private International Law Law 1996), Poland (Private International Law Law 1965), Romania (Private International Law Law 1992), Czech Republic (Private International Law Law 1963). ), Switzerland (Federal Law on Private International Law 1987).

The European Union's commodities aimed at the unification of private international law had essentially the same effect12. The influence of the development of communal law on the legislative activity of the Member States makes us think about the importance of the law as a more optimal form of regulation.

However, not only changes in the law of the European Union are pushing for the adoption of a law on private international law. The development of the process of codification of international private law is more required by the developing international economic cooperation and the changing role of international law in its regulation.

Outside the European Community, the development of the process of codification of private international law is facilitated by the expansion of the boundaries of international economic cooperation. At the present stage of unification of private international law, the main event is the emergence of the so-called international economic law, which would be more correctly called international civil (economic) law, since it provides for the regulation of economic cooperation between subjects of civil law of different states.

The development of international economic law was associated with an increase

The geography of new laws covers many continents: Venezuela (1998), UAE (Law 1965), South Korea (1962), Japan (2007), as well as countries with economies in transition: Romania (Law 1992), Estonia (1994). See: International private law. foreign law. M., 2001.

12 See: Belgian Private International Code // Moniteur belge of July 2004; Act of

1 9 December 2005 // Moniteur belge of 18 January 2006; Code of International Private Law of Bulgaria dated May 17, 2005 (amended on July 20, 2007) // Journal of Private International Law. 2009. No. 1. P. 46.

lichenie volumes of investments - property values ​​moved from one jurisdiction to another. Whatever area of ​​international cooperation we take, the issues raised in connection with this cooperation almost always come down to finding a source of funding. The volume of foreign investment, which has multiplied in recent decades, is a vivid illustration of the relevance of the problems of private international law.

According to Y. Bazedov, the fact that the relations arising from the implementation of investments belong to private international law is evidenced by the fact that "the effective allocation of funds in a market economy depends on the investment decision of a private individual." In this case, according to him, a “collision of economic regulation” of various states arises.

states

Collisions in the economic regulation of various states inevitably involve norms of a public law nature, the purpose of which is to protect public, i.e., national, interests. Protection of public interests within the framework of civil legal relations becomes the main task of private international law. At the same time, both international treaties and national legislation, in which civil law plays the main role, in particular, the rules governing investment relations, become equally sources of regulation of economic relations between participants of different nationalities. “Whether it is a contractual or corporate relationship, rights in rem or intellectual property rights, contractual

13 Cm.: Basedoff J. Conflicts of Economic Regulation // American Journal of Comparative Law. V. 42. 1994. P. 424.

law or torts, when it comes to investments, we mean the main thing - the effective allocation of funds, and in a market economy, the efficiency of resource allocation depends on the investment decision of a private individual"14.

The problem of codification of private international law

The adoption of laws on private international law in various countries testifies to the development of the process of formation of an independent branch of law within the framework of the national legal system. The Rome Convention of 1980 “On the Law Applicable to Contractual Obligations” had a great stimulating effect on the development of the legislative process. The adoption of this convention pursued the goal of unifying international private law in the countries of the European Union. In order to uniformly apply conflict of laws rules, general provisions were formulated on the procedure for their application: the rule regarding the application of peremptory norms (lois de police), on public order, return reference, qualification, etc. In terms of its significance, the Rome Convention went beyond the regional unification of private international law . Its effect can be compared with the effect of universal unification of private international law, achieved as a result of the operation of the International Convention on Private International Law of 1928, known as the Bustamante Code15. The last way-

14 Ibid. P. 425.

15 “Starting from the 19th century. many scientists in continental Europe dreamed of creating a comprehensive codification of PIL. Manchi-ni Pasquale Stanislao (1817-1888) advocated for codifying PIL on an international basis. Mancini's idea was supported by the Institute of International Law founded in 1873 and in 1893 by Danish scholar Tobias Mikael Karel Asser

contributed to the development of conflict law as a special area of ​​law by formulating various types of conflict forms and the territorial principle of their application. The Rome Convention has formulated general provisions on conflict of laws rules.

The provisions of the Rome Convention were also taken into account when developing the relevant section of the Civil Code in the Russian Federation. However, the section on private international law in the Civil Code of the Russian Federation does not apply to complex forms of economic cooperation that arise in the field of culture, healthcare, exploitation of energy and other natural resources, in which the participation of foreigners involves not referring to certain types of civil law contracts, but to a system of contractual relations .

In our opinion, the law on private international law should reflect the features of those civil law contracts that apply when moving material assets from one jurisdiction to another - making investments abroad. These are agreements regulated by the Civil Code of the Russian Federation, as well as agreements classified as agreements for the regulation of which special laws have been adopted.

(1838-1912), with the participation of the Danish government, convened the first Hague PIL Conference in order to start work on conventions aimed at the universal unification of PIL. South American states have also taken up the preparation of international conventions for their region. Without waiting for the completion of this work, the states passed laws on PIL "(Siehr K. General Problems of PIL in Modern Codifications // Yearbook of Private International Law. Vol. VII. 2005 / Ed. by P. Sar...evi... , P. Volken, A. Bonomi Lausanne 2006. P. 19).

Xia: Financial lease agreement (leasing) (Chapter 34, Article 665 of the Civil Code of the Russian Federation); Target loan agreement (Chapter 42, Article 814 of the Civil Code of the Russian Federation); Agreement on trust management of property (Chapter 53, Article 1012 of the Civil Code of the Russian Federation); Commercial concession agreement (Chapter 54, Article 1027 of the Civil Code of the Russian Federation); Simple partnership agreement (Chapter 55, Article 1041 of the Civil Code of the Russian Federation); Financing agreement against the assignment of a monetary claim (Chapter 43, Article 824 of the Civil Code of the Russian Federation).

Civil law contracts, called agreements, include: Production Sharing Agreement (Law of December 30, 1995 No. 225-FZ); Concession Agreement (Law of July 21, 2005 No. 115-FZ); Agreement on the implementation of activities in the SEZ between the resident and the SEZ management body (Law of July 22, 2005 No. 116-FZ); Agreement on the conduct of industrial and production activities (Article 12 of the Law on Special Economic Zones dated July 22, 2005 No. 116-FZ); Agreement on conducting technical and innovative activities (Article 22 of the Law on Special Economic Zones dated July 22, 2005 No. 116-FZ); Agreement on the implementation of tourist and recreational activities (Article 311 of the Law on Special Economic Zones dated July 22, 2005 No. 116-FZ); Agreement on the implementation of activities in the port special economic zone (Article 311 of the Law on Special Economic Zones dated July 22, 2005 No. 116-FZ).

All these contracts are united by the fact that they are usually concluded for a long period, their subject is a separate property (asset), the transfer of which is carried out for the sole purpose of making a profit during the entire term of the contract. It is this goal - causa - underlying the agreement, and allows us to classify these agreements as "investment agreements".

questions are raised about the relationship between property law and liability law16, about the connection of a subcontract with a contract in construction, which does not allow following the principle of “abstractness and neutrality” when resolving a conflict issue,17 and others. should take into account the content of contractual relations as investment.

The party to the contract that transfers the property, or the investor, is provided with a guarantee only when the law has formed an attitude towards him as a “quasi-owner” of the transferred property. How this task will be solved in the law on private international law is still unknown. However, it can be said with certainty that the solution of this problem is possible only if it is solved using all the tools of private international law in a complex, including super-imperative rules, rules on public order, rules on the qualification of legal concepts in determining the law to be applied.

The application of agreements that provide for the obligation of the investor to resort to various legal means in order to implement the project also provides for the application of the law of the state to which the operation of the agreement underlying the project is subject. In order to take into account all the features of the

16 See: Zykin I.S. On the issue of the relationship between the real and liability statute // Civil law of modern Russia: Collection of articles of the Private Law Research Center in honor of E.A. Sukhanov. M., 2008. S. 45-57.

17 See: Pirodi P. International Subcontracting in EC Private International Law // Yearbook of Private International Law. Vol. VII. 2005 /

Ed. by P. Sarwvm, P. Volken, A. Bonomi.

Lausanne, 2006. P. 289

temporary realities, it seems appropriate to adopt a law on private international law in the Russian Federation, in which the issues of the participation of foreigners in national projects and programs of social development would receive a uniform solution.

The codification of private international law in Russia can contribute to solving other problems as well. “The adoption of the Russian law on private international law and international civil procedure provides a rare opportunity to unite related institutions of civil, family and labor law”18.

When adopting a law on private international law, one cannot ignore the problems of civil law regulation related to the participation of the state as a subject of civil law and a party to a civil law contract. To ensure the viability of such an agreement, it is not enough to declare in the law that it is subject to civil law. In this case, a civil law contract, in accordance with the general principle of civil law on the equality of participants in a civil legal relationship, is the only tool that can provide the necessary balance of public and private interest. In private international law, this balance of interests is ensured with the help of conditions on the law applicable to the contract, on the procedure for resolving disputes. Among these agreements, none of them fully resolved these issues that directly affect the interests and security of the state.

The adoption of a law on private international law involves the solution of issues that are an integral part of substantive law.

18 Zvekov VP Collisions of laws in private international law. M., 2007. S. 366.

va, uniting different branches of private law (civil, family and labor). Given the uneven degree of regulation of private international law relations in these areas, it is assumed that the adoption of a law on private international law will eliminate the existing gaps while maintaining a single concept of private international law.

Problems of unification of legal regulation of private law relations

The international public law is the beginning in regulation of relations of the international private law.

In private international law, the key formula for the correlation of national and international public law is the recognition of the role of "the main starting point" behind public international law. According to L. A. Lunts, “a number of basic principles of public international law are of decisive importance for private international law”19. Until recently, among the starting points of private international law were such general principles of public international law as the recognition of socialist property and the operation of laws on the nationalization of private ownership of instruments and means of production, and the monopoly of foreign trade. In deciding private law disputes by the courts of the national system of law, the consideration of these principles continues to be of decisive importance. This meaning of the universally recognized principles and norms of international law is mentioned in Part 4 of Art. 15 of the Constitution of the Russian Federation.

At present, the generally recognized principles of public international law include the principle of the national regime of foreign

19 Lunts L. A. Decree. op. M., 2002. S. 48.

knapsacks, which can be formulated in different ways in the norms of international treaties and agreements, depending on the specific area of ​​international cooperation in which it is applied. The principle of national treatment is enshrined in the norms of national legislation. When resolving private law disputes, a court or arbitration body must solve a complex problem related to the application of the relevant rule belonging to a particular system of law.

In private international law, it seems necessary to take into account that, since it is part of the national legal system, the understanding of the phrase “recognition of the original principle for international law” is limited to such an interpretation of the relevant norms and principles that exists within the framework of this system of law. On the other hand, the state has the right to give in its legislation the formulation of the norm on national treatment. However, the interpretation of this rule should be based on the legislation in force in this state, that is, on the system of law in the depths of which this rule originated.

The approach adopted in conflict law, according to experts in the field of private international law, should also be taken in cases of referring to the rules of international law as a source of law. “Through trial and error, the doctrine and practice of private international law came to the only possible option (in terms of the application of norms belonging to different systems of law - N. G.): the norm of one legal system should be applied within the framework of another - as it would be applied in bowels

the legal order to which she

belongs"20.

20 Bakhin S. V. International component

shaya legal system of Russia // Jurisprudence. 2007. No. 6. P. 130.

Legislative consolidation of this approach is contained in civil law (Article 1191 of the Civil Code of the Russian Federation), family law (Article 166 of the Civil Code of the Russian Federation) and in the APC of the Russian Federation (p. 14). The scattered norms reflecting the fundamental foundations of the current level of international communication should be attributed to the shortcomings of the national legislation of the Russian Federation on private international law, which are unlikely to be corrected if we confine ourselves to section six of the Civil Code of the Russian Federation.

The question of the interaction of two systems of law - international and national - in the present conditions is becoming increasingly important. As an independent system of law, international law arose and developed in parallel with the state21. At the same time, international law continues to develop as a special branch, different from the national system of law, characterized by the presence of branches of law in it. International law is a system of law that is based on no normative legal act, like the constitution of a state. The peculiarity of international law as a special system of law is manifested in the generally recognized principles of legal regulation, which are voluntarily accepted and implemented by states in their natural desire for self-preservation.

A feature of international law of the modern era is that in this system of law, a trend towards regionalism has recently developed. This trend is expressed in the desire of states to unite in economic unions in order to accelerate the economic development of the states participating in the union. An example of the development of regionalism in international law, in addition to the European Union, is the North Atlantic

21 See, for example: Levin D. B. History of international law. M., 1962.

Free Trade Area, or NAFTA. Regional associations are based on international treaties called founding acts. In NAFTA, integration was based on international investment arbitration, created on the basis of the Washington Convention.

The attitude to European law as a part of international law is supported by many European authors. At the same time, it was the regional structures that gave rise to the discussion of the problem of the fragmentation of international law associated with the “multiplication of judicial institutions”. According to R. Higgins, President of the International Law Association (British branch), “overlapping jurisdiction is a characteristic feature of international courts and tribunals. In connection with the deepening of international law, the courts are faced with the question of which norms of international law are to be applied. An alternative in the applicable rules of law may lead to the existence of different solutions”22.

In the Russian scientific literature, the separation of European law into a special system of law is rather associated with the realization of the importance of studying the law underlying the economic integration of the state, and for educational purposes in the preparation of lawyers in universities. A feature of European law is that it affects the sphere of international economic cooperation, which, in turn, explains the specifics of the attitude towards private international law in the European Union. “The integration program set out in the Treaty of Rome clearly indicated only the role of member states and community bodies. The rights and obligations of individuals, both citizens and entrepreneurs, have not received direct consolidation, including in the case of

direct connection between the data (subjects) of law (my italics - N. G.) and the obligations undertaken by the Member States”23.

Yu. Bazedov characterizes European law as a system that regulates relations between states as subjects of international law. According to him, ambiguity in certain formulations cannot give rise to classifying European law as a special supranational structure. “Even the provisions of Articles 81 and 82 on competition of the Treaty establishing the European Community are formulated in such a way that the rights of individuals do not unequivocally follow from the provisions on the prohibition of concerted action and abuse of dominant position on the part of economic entities”24.

The example of the NAFTA integration association shows how easy it is to shake some seemingly indisputable truths. The exaggeration of the role of international contractual investment arbitration, established on the basis of the Washington Convention, and the interpretation of the norms of international investment protection agreements as contractual obligations regulated within the national system of law, have led to errors in the practice of settling investment disputes25.

At present, the activities of international contractual investment arbitration, considering disputes between one state

23 Bazedov Yu. European civil society and its law: on the issue of defining private law in the community // Bulletin of Civil Law. 2008. No. 1. V. 8. S. 228.

the theta on the annulment of ICSID decisions in the Vivendi case are based on the difference between claims from treaties and from international agreements // ICSID Case N. ARB/97/3; Solution

by the gift and person of another state, was greatly facilitated by the fact that the UN International Law Commission at the 53rd session in 2001 adopted the final version of the articles "On the responsibility of states for illegal acts of an international character." According to K. Hober, this means that “in the new era of investment arbitration, first of all, one aspect of the legal responsibility of the state, the role of which is constantly growing, is important, namely, the qualification of actions as actions of the state.”

Qualification issues, of course, relate to issues of private international law, as, in fact, the very nature of the investment dispute, which is classified as private law disputes. These issues have not been resolved in the Civil Code of the Russian Federation in relation to relations with the participation of the state, and this is not accidental, since the protection of the interests of the state goes beyond the framework of civil law relations.

The new law on private international law should reflect the changes that have taken place in international law in connection with the development of new methods of unifying law on the basis of economic integration. It is also important to determine the principles for resolving conflicts in connection with the application of the norms of two different systems of law - international and national.

In our opinion, one should join the opinion expressed by experts that “at least in the context of investment law, it is not enough to simply refer to international law as applicable law”26. This approach is due to the fact that the interpretation of the norms of international treaties should be based on the general provisions of the system of international law.

26 Campbell McLachlan QC. Investment Treaties and General International Law // International and Comparative Law Quarterly. 2008. V. 57. P. 370.

As for civil law contracts, their operation is ensured by the norms of the national system of law. The interaction of the two legal systems should be aimed at ensuring the fulfillment of each of these obligations, but this goal is achieved through different legal means.

Back in the 70s. 20th century many well-known specialists in private international law spoke out against the so-called transnational law governing civil law contracts or contracts. The dispute was about the belonging of such contracts to the international or national legal system. Here is how D. Bettem describes in his doctoral dissertation the discussion that took place at that time on the issue of attributing concession agreements (state contracts) to international law: “The war between international lawyers flared up on the application of international law to contracts concluded by the state. Having settled on the position put forward by the lawyer Garcia Amador (Garcia Amador) - a supporter of the idea of ​​​​internationalization of contracts, the UN International Law Commission ceased to deal with this problem and turned to the development of the draft Convention on State Responsibility proposed by Ago (Ago). Ago, investigating the causes of violations of international (my italics - N. G.) obligations, clearly stated that contracts are not subject to the norms of international law”27.

Altogether, the International Law Commission has on several occasions addressed the issue of State responsibility in

27 Bettems D. Les contrats entre Etats et personnes privees etrangeres. Droit applicable et responsabil^ internationale. These de License et de doctorat presentee a la Facu ^ le droit de l "Univers ^ de Lausanne. Lausanne, 1988.

within contractual obligations. In the 50s. 20th century the question of the international responsibility of states was raised in connection with the adoption by states of acts of nationalization28. At that time, the International Law Commission, at its session in 1952 in Siena, recognized that states were obliged to respect the contracts they concluded, but no resolution was adopted with regard to international law.

In the 60s. 20th century the problem of government contracts was discussed by the International Law Commission in connection with the problem of the legal regulation of investment. At the regular session of the UN Commission in 1967 in Nice, when discussing the Wortley report on the topic “Legal conditions for investing capital in developing countries and investment agreements”, the question of the international responsibility of the state in connection with state contracts was again raised, but no decision was made was taken.

The participation of the Russian side in the discussion of the problem made it possible to fix in the decisions of the International Law Commission a point of view on the private law nature of state contracts and their belonging to the national legal system. During the discussion in 1979 in Athens of the issue of conflict of laws, a number of international lawyers participating in the discussion (Colombos, Fawcett, Giraud) supported the view that the application of international law to government contracts is permissible. However, after a different position was voiced by the Soviet lawyer Tunkin, he was supported

28 See: V. N. Durdenevsky, Concession and Convention of the Maritime Suez Canal in the Past and Future // Soviet State and Law. 1956. No. 10; Sapozhnikov V. I. Neo-colonialist doctrines of the international protection of foreign concessions // Soviet Yearbook of International Law. 1966-

1967. M., 1968. S. 90-99.

other lawyers (Wright, Ago and Rolin) and a resolution was adopted stating that there is a general rule in private international law that the parties can choose international law as the law applicable to the contract. It should be noted that this resolution dealt exclusively with the solution of a conflict of laws issue in private international law, i.e. within the framework of the national legal order29.

The position of Russian lawyers, in particular Ushakov, was supported by foreign experts in the field of international law (Wengler, Bindschedler, Salmon and Mosler). As a result, a resolution was adopted, in which, although no conclusions were drawn regarding the legal nature of state contracts, it was directly stated that the contract cannot be attributed to "acts of international law."

The resolution of that time did not contain, and could not contain, any conclusions as to how applicable the principle of autonomy of the will of the parties to such contracts and what should be the applicable law, as well as what the content of “international contract law” is. These issues of private international law must be resolved within the framework of the national legal order and expressed, most likely, in the law on private international law.

The lack of a solution to these issues at the end of the 20th century. made it possible to postpone the solution of the issue of the international responsibility of the state

29 According to Art. 2 of the adopted resolution, the parties may choose the law applicable to the contract, or several national legal systems applicable to the contract, or name general principles of international law applicable to the contract, principles applicable to international economic relations, or international law, or a combination of these sources.

stva - the parties in the contract. The situation has now changed. The expansion of the sphere of state participation in large infrastructure projects funded from private sources has led the International Law Commission, acting within the boundaries of international law exclusively, to formulate a set of rules on the international responsibility of states that are advisory in nature. The articles on state responsibility formulated by the International Law Commission include rules for qualifying state actions affecting private international law relations: the behavior of individuals and (or) legal entities that are not state organs is qualified as state action, provided that the behavior in question is their exercise of state powers.

The Articles “Responsibility of States for Internationally Wrongful Acts” were approved by a resolution of the UN General Assembly31 and are currently the starting point for the formation of the norms of the law on private international law in individual states interested in attracting private investment in the social sphere. It is in the interests of the state to determine the specific scope of application of these rules, including through

30 See: K. Hober, State Responsibility and Investment Arbitration // International Commercial Arbitration. 2007. No. 3. S. 30.

31 UN General Assembly Document A/56/589. Resolution 56/83 adopted by the UN General Assembly at the 56th session (item 162 of the agenda). The Russian text of the article “Responsibility of States for Internationally Wrongful Acts”, developed by the UN International Law Commission, see: International Commercial Arbitration. 2007. No. 3. S. 31-52.

resolving issues of international private law (on the autonomy of the will of the parties in a public contract, applicable law, dispute resolution procedure) by a special law.

The adoption of a law on private international law will also solve such a problem as achieving unity in the approach to resolving procedural issues. Issues of international jurisdiction of judicial and arbitral bodies have traditionally been considered outside the framework of private international law. The development of a law on private international law will also solve the problems of civil procedure, which are now regulated separately (in the Code of Civil Procedure of the Russian Federation and the APC of the Russian Federation).

Thus, the preservation of 6 in the Civil Code of the Russian Federation will avoid possible losses in the integrity of the regulatory

Bibliographic list

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Bakhin S. V. The international component of the legal system of Russia // Jurisprudence. 2007. No. 6.

Durdenevsky V. N. Concession and convention of the maritime Suez Canal in the past and future // Soviet state and law 1956. No. 10.

Zvekov VP Collisions of laws in private international law. M., 2007.

Zykin I.S. On the issue of the relationship between the real and liability statute // Civil law of modern Russia: Collection of articles of the Private Law Research Center in honor of E. A. Sukhanov. M., 2008.

Levin D. B. History of international law. M., 1962.

Lunts L. A. Course of private international law. M., 2002.

International private law. foreign law. M., 2001.

International private law: Textbook. / Ed. N. I. Marysheva. M., 2004.

Sapozhnikov V. I. Neo-colonialist doctrines of the international protection of foreign concessions // Soviet Yearbook of International Law. 1966-1967. M., 1968.

Hober K. State Responsibility and Investment Arbitration // International Commercial Arbitration. 2007. No. 3.

lirovaniya international civil law relations. However, when it is improved, one should take into account the difficulties that arise in solving the problem of the immunity of a state participating in civil law relations. The development of investment relations related to the movement of various kinds of resources (natural, human, monetary and material) from one jurisdiction to another can be resolved in the law on private international law, which does not interfere with the work to improve the norms of Sec. 6 of the Civil Code of the Russian Federation. Proposals for amendments to sect. 6 of the Civil Code of the Russian Federation are contained in the Concept proposed by the Council for the Codification of Civil Legislation under the President of the Russian Federation.

Yablochkov TM Works on private international law. M.

Adolfo Miaho de la Muelo. Las Normas Materiales de Derecho International Privado // Revista Espanola de Derecho Internacional. V. XVI. No. 3.

Basedoff J. Conflicts of Economic Regulation // American Journal of Comparative Law. V. 42. 1994.

Belgian Private International Code // Moniteur belge of July 2004;

Bettems D. Les contrats entre Etats et personnes priv "ees" etrangeres. Droit applicable et ^spo^an!^ internationale. These de Licence et de doctorat present a la Facu^ le droit de l "Universite de Lausanne. Lausanne, 1988.

Campbell McLachlan QC. Investment Treaties and General International Law // International and Comparative Law Quarterly. 2008.V.57.

Siehr K. General Problems of PIL in Modern Codifications // Yearbook of Private International Law. Vol. VII. 2005 / Ed. By P. Sar...evi..., P. Volken, A. Bonomi. Lausanne, 2006.

Pirodi P. International Subcontracting in EC Private International Law // Yearbook of Private International Law. Vol. VII. 2005 / Ed. By P. Sar...evi..., P. Volken, A. Bonomi. Lausanne, 2006.

The foregoing determines the fact that the MEP occupies a special position in the general system of international law. Experts write that the IEP is of paramount importance for the formation of institutions that govern the international community, and for international law in general. Some even believe that "ninety percent of international law in one form or another is essentially international economic law" (Professor J. Jackson, USA). This assessment may be exaggerated. Nevertheless, practically all branches of international law are indeed connected with the MEP. We saw this when considering human rights. An increasing place is occupied by economic problems in the activities of international organizations, diplomatic missions, in contract law, in maritime and air law, etc.

The role of the IEP is drawing the attention of a growing number of scientists to it. The computer of the UN Library in Geneva produced a list of relevant literature published in the last five years in various countries, which formed a solid pamphlet. All this prompts to pay additional attention to the MEP, despite the limited volume of the textbook. This is also justified by the fact that both scholars and practicing lawyers emphasize that ignorance of the IEP is fraught with negative consequences for the activities of lawyers serving not only business, but also other international relations.

The MEP object is extremely complex. It covers diverse types of relations with significant specifics, namely: trade, financial, investment, transport, etc. Accordingly, the MEP is an exceptionally large and diversified industry, covering such sub-sectors as international trade, financial, investment, transport law.

Russia's vital interests, including security interests, depend on the resolution of these problems. Indicative in this regard is the State Strategy for the Economic Security of the Russian Federation approved by Decree of the President of the Russian Federation of April 29, 1996 N 608. The strategy reasonably proceeds from the need for "effective realization of the advantages of the international division of labor, sustainable development of the country in the conditions of its equal integration into world economic relations." The task was set to actively influence the processes taking place in the world that affect the national interests of Russia. It is pointed out that "without ensuring economic security, it is practically impossible to solve any of the tasks facing the country, both domestically and internationally." The importance of law in solving the tasks set is emphasized.

The current state of the world economy poses a serious danger to the world political system as well. There is, on the one hand, an unprecedented increase in living standards, scientific and technological progress in a number of countries, and on the other hand, poverty, hunger, diseases of most of humanity. This state of the world economy poses a threat to political stability.

The globalization of the economy has led to the fact that its management is possible only through the joint efforts of states. Attempts to solve problems taking into account the interests of only some states give negative results.

The joint efforts of states must be based on the law. The MEP performs important functions of maintaining a generally acceptable regime for the functioning of the world economy, protecting long-term common interests, counteracting attempts by individual states to achieve temporary advantages at the expense of others; serves as a tool for mitigating contradictions between the political goals of individual states and the interests of the world economy.

The IEP promotes predictability in the activities of numerous participants in international economic relations and thereby contributes to the development of these relations, the progress of the world economy. Concepts such as the new economic order and the right to sustainable development have become essential for the development of the MEP.

New economic order

The world economic system is characterized by the decisive influence of the most developed industrial countries. It is determined by the concentration in their hands of the main economic, financial, scientific and technical resources.

Equalization of the status of foreigners with local citizens in economic activities is not possible, as this would endanger the national economy. Suffice it to recall the consequences of the "equal opportunities" and "open doors" regimes common in the past, which were imposed on dependent states.

There is also a special regime, according to which foreigners are granted the rights specifically stipulated in the law or in international treaties, and, finally, preferential treatment, according to which especially favorable conditions are granted to the states of one economic association or neighboring countries. As already mentioned, the granting of this regime to developing countries has become a principle of international economic law.

State in international economic law

In the system of regulation of international economic relations, the central place is occupied by the state. In the economic field, he also owns sovereign rights. However, their effective implementation is possible only if the economic interdependence of the members of the international community is taken into account. Attempts to achieve economic independence in isolation from the community (autarky) are known in history but have never been successful. World experience shows that the maximum possible economic independence is real only with the active use of economic ties in the interests of the national economy, not to mention the fact that without this there can be no question of the state's influence on the world economy. The active use of economic ties presupposes the corresponding use of international law.

The MEP as a whole reflects the laws of a market economy. However, this does not mean limiting the sovereign rights of the state in the economic sphere. It has the right to nationalize this or that private property, it can oblige citizens to repatriate their foreign investments when national interests so require. So, for example, did Great Britain during the world wars. The US did this in peacetime, in 1968, to prevent further depreciation of the dollar. All investments abroad are considered part of the national treasure.

The question of the role of the state in a market economy has become particularly acute in our time. The development of economic ties, the globalization of the economy, the reduction of border barriers, i.e. liberalization of the regime, gave rise to a discussion about the fall of the role of states and legal regulation. Talk began about a global civil society, subject only to the laws of economic expediency. However, both authoritative scientists and those who are practically involved in international economic and financial relations point to the need for a certain order and purposeful regulation.

Economists often compare the Asian "tigers" with the countries of Africa and Latin America, referring in the first case to the success of a free market economy focused on active external relations, and in the second - to the stagnation of the regulated economy.

However, upon closer examination, it turns out that in the countries of Southeast Asia, the role of the state in the economy has never been downplayed. The success was due precisely to the fact that the market and the state did not oppose each other, but interacted for common purposes. The state contributed to the development of the national economy, creating favorable conditions for business activity within the country and outside it.

We are talking about a state-directed market economy. In Japan, they even talk about a "plan-oriented market economic system." It follows from what has been said that it would be wrong to throw overboard the experience of planned economic management in the socialist countries, including the negative experience. It can be used to determine the optimal role of the state in the national economy and foreign relations.

The question of the role of the state in a market economy is of fundamental importance for determining its role and functions in international economic relations, and, consequently, for clarifying the possibilities of the MEP.

International law reflects the trend towards expanding the role of the state in regulating the world economy, including the activities of private individuals. Thus, the Vienna Convention on Diplomatic Relations of 1961 fixed such a function of diplomatic representation as the development of relations in the field of economy. The institution of diplomatic protection exercised by the state in relation to its citizens is essential for the development of economic ties.

The state can directly act as a subject of private law relations. The form of joint ventures of states in the field of production, transport, trade, etc. has become widespread. The founders are not only states, but also their administrative-territorial divisions. An example is a joint company established by the border regions of two states for the construction and operation of a bridge across a border reservoir. Joint ventures are commercial in nature and subject to the law of the host country. Nevertheless, the participation of states gives their status some specificity.

The situation is different when the unlawful activity of the corporation is connected with the territory of the state of registration and falls under its jurisdiction, for example, in the case of tolerance of the state authorities to the export of goods, the sale of which is prohibited in it because they are dangerous to health. In this case, the state of incorporation is responsible for not preventing the illegal activities of the corporation.

As for private companies, they, being independent legal entities, are not responsible for the actions of their state. True, there are known cases of imposing liability on companies as a response to a political act of their state. On this basis, for example, Libya nationalized American and British oil companies. This practice has no legal basis.

Companies owned by the state and acting on its behalf enjoy immunity. The state itself is responsible for their activities. In international practice, the question of the civil liability of the state for the debt obligations of a company owned by it and the responsibility of the latter for the debt obligations of its state has repeatedly arisen. The solution to this issue depends on whether the company has the status of an independent legal entity. If she has, then she is responsible only for her own actions.

Transnational corporations

In the scientific literature and practice, such companies are called differently. The term "transnational corporations" is dominant. However, there is increasing use of the term "multinational companies" and sometimes "multinational enterprises". In domestic literature, the term "transnational corporations" (TNCs) is usually used.

If the above concept is aimed at withdrawing TNC contracts from the scope of domestic law by subordinating them to international law, then another concept is designed to solve the same problem by subordinating contracts to a special third law - transnational, consisting of "general principles" of law. Such concepts are contrary to both domestic and international law.

The TNC makes extensive use of means to corrupt the officials of the host country. They have a special "bribery" fund. Therefore, states should have laws providing for the criminal liability of state officials and TNCs for illegal activities.

In 1977, the US passed the Foreign Corrupt Practices Act, making it a crime for US citizens to give a bribe to any foreign person in order to win a contract. Companies from countries such as Germany and Japan took advantage of this, and with the help of bribes to officials in the host countries, they won many lucrative contracts from American companies.

In 1996, the Latin American countries that suffered from this practice entered into an agreement on cooperation in the eradication of dirty government business. The agreement qualifies as a crime giving and accepting a bribe when concluding a contract. Moreover, the treaty established that an official should be considered a criminal if he became the owner of funds, the acquisition of which "cannot be reasonably explained on the basis of his legitimate income during the performance of his (administrative) functions." It seems that a law with a similar content would be useful to our country. Supporting the treaty as a whole, the US withdrew, citing that the latter provision was contrary to the principle that a suspect is not required to prove his innocence.

The problem of transnational corporations also exists for our country.

First, Russia is becoming an important field for TNC activity.

Secondly, the legal aspects of TNCs are relevant to joint ventures that are associated both with the states in which they operate and with third-country markets.

The Treaty on the Establishment of the Economic Union (within the framework of the CIS) contains the obligations of the parties to promote "the creation of joint ventures, transnational production associations ..." (Article 12). A number of treaties have been concluded to develop this provision.

Of interest is the experience of China, in which the process of transnationalization of Chinese enterprises was significantly developed in the late 1980s. Among developing countries, China ranked second in terms of investment abroad. At the end of 1994, the number of branches in other countries reached 5.5 thousand. The total amount of property of Chinese TNCs abroad reached 190 billion dollars, the lion's share of which belongs to the Bank of China.

The transnationalization of Chinese firms is explained by a number of factors. In this way, a supply of raw materials is ensured, which is not available or is scarce in the country; the country receives currency and improves export opportunities; advanced technology and equipment arrives; economic and political ties with the respective countries are being strengthened.

At the same time, TNCs pose complex challenges in the field of public administration. First of all, there is the problem of controlling the activities of TNCs, most of whose capital belongs to the state. According to experts, in the name of success, more freedom is needed for the management of corporations, providing support, including the issuance of laws favorable for investment abroad, as well as raising the professional level of personnel in both TNCs and the state apparatus.

In conclusion, it should be noted that, using their influence on states, TNCs seek to increase their status in international relations and gradually achieve considerable results. Thus, the report of the Secretary General of UNCTAD at the IX Conference (1996) speaks of the need to provide corporations with the opportunity to participate in the work of this organization.

In general, the task of regulating the activity of private capital, especially large capital, which is becoming increasingly important in the context of globalization, still needs to be solved. The UN has developed a special program for this purpose. The UN Millennium Declaration provides for the need to provide greater opportunities for the private sector to contribute to the achievement of the goals and implementation of the programs of the Organization.

Dispute Resolution

Dispute resolution is of paramount importance for international economic relations. The level of compliance with the terms of contracts, maintenance of order, respect for the rights of participants depends on this. In this case, we are often talking about the fate of property of great value. The significance of the problem is also emphasized in political international acts. The 1975 CSCE Final Act states that the prompt and fair resolution of international commercial disputes contributes to the expansion and facilitation of trade and economic cooperation, and that arbitration is the most appropriate instrument for this. The significance of these provisions was noted in subsequent acts of the OSCE.

Economic disputes between subjects of international law are resolved in the same manner as other disputes (see Chapter XI). Disputes between individuals and legal entities are subject to national jurisdiction. However, as experience has shown, the domestic courts have not been able to solve the problem properly. Judges are not professionally prepared to deal with complex issues of the IEP, and often turn out to be nationally limited, unbiased. Often this practice caused international complications. Suffice it to recall the practice of American courts, which tried to extend their jurisdiction beyond the limits established by international law.

The agreement contained provisions on most favored nation treatment, non-discrimination, and national treatment. But in general, his tasks were not broad. It was about limiting customs tariffs, which remained at a high pre-war level and served as a serious obstacle to the development of trade. However, under the pressure of life, the GATT was filled with more and more significant content, turning into the main economic association of states.

At regular meetings within the framework of GATT, referred to as rounds, numerous acts were adopted on trade and tariff issues. As a result, they started talking about GATT law. The final stage was the negotiations of the participants during the so-called Uruguay Round, in which 118 states participated. It lasted seven years and ended in 1994 with the signing of the Final Act, which is a kind of code of international trade. Only the main text of the Act is set out on 500 pages. The act contains an extensive set of agreements covering many areas and forming the "legal system of the Uruguay Round".

The main ones are agreements on the establishment of the World Trade Organization (WTO), on customs tariffs, trade in goods, trade in services, and on trade-related intellectual property rights. Each of them is associated with a set of detailed agreements. Thus, the agreement on trade in goods is "associated" with agreements on customs valuation, technical barriers to trade, the application of sanitary and phytosanitary measures, the procedure for issuing import licenses, subsidies, anti-dumping measures, investment issues related to trade, trade in textiles and clothing, agricultural products, etc.

The set of documents also includes a memorandum on the dispute settlement procedure, a procedure for monitoring the trade policy of participants, a decision to deepen the harmonization of world economic policy processes, a decision on assistance measures in case of a negative impact of reforms on developing countries dependent on food imports, etc.

All this gives an idea of ​​the breadth of the scope of the WTO. Its main goal is to promote economic cooperation between states in order to improve living standards by ensuring full employment, increasing production and trade exchange of goods and services, optimal use of sources of raw materials in order to ensure long-term development, protection and conservation of the environment. This shows that the goals specified in the WTO Charter are of a global and, undoubtedly, positive nature.

In order to achieve these goals, the tasks are set - to achieve greater coherence of trade policies, to promote the economic and political convergence of states through broad control over trade policy, assistance to developing countries and environmental protection. One of the main functions of the WTO is to serve as a forum for the preparation of new agreements in the field of trade and international economic relations. It follows from this that the scope of the WTO goes beyond trade and concerns economic relations in general.

The WTO has a developed organizational structure. The highest body is the Ministerial Conference, which consists of representatives of all member states. It works sessionally, every two years. The Conference establishes subsidiary bodies; makes decisions on all issues necessary for the implementation of the functions of the WTO; provides an official interpretation of the WTO Charter and related agreements.

Decisions of the Ministerial Conference are taken by consensus, i.e. are considered accepted if no one formally declares disagreement with them. Objections during the debate do not actually matter, and it is not easy to speak officially against the will of a large majority. Moreover, Art. Article IX of the WTO Charter provides that if consensus is not reached, the resolution may be adopted by a majority. As you can see, the powers of the Ministerial Conference are significant.

The executive body carrying out day-to-day functions is the General Council, which includes representatives of all member states. The General Council meets in sessions between sessions of the Ministerial Conference and performs its functions during these periods. It is, perhaps, the central body in the implementation of the functions of this organization. It manages such important bodies as the Dispute Resolution Authority, the Trade Policy Authority, various councils and committees. Each of the agreements provides for the establishment of an appropriate council or committee for the purpose of its implementation. The decision-making rules of the General Council are the same as those of the Ministerial Conference.

The powers of the Dispute Settlement Authority and the Trade Policy Authority are particularly significant. The first actually represents a special meeting of the General Council, acting as the Dispute Settlement Body. The peculiarity lies in the fact that in such cases the General Council consists of three members who are present.

The procedure for resolving a dispute varies somewhat from agreement to agreement, but in the main it is the same. The main stages: consultations, the report of the investigation team, the appeal, the decision, its implementation. By agreement of the parties, the dispute may be considered by arbitration. In general, the work of the Authority is of a mixed nature, combining elements of conciliation with arbitration.

The Executive Board conducts the day-to-day business of the Foundation. It consists of 24 executive directors. Seven of them are nominated by the countries with the largest contributions to the fund (Great Britain, Germany, China, Saudi Arabia, USA, France, Japan).

When joining the IMF, each state subscribes to a certain share of its capital. This quota determines the number of votes belonging to the state, as well as the amount of assistance that it can count on. It cannot exceed 450% of the quota. The voting procedure, according to the French lawyer A. Pelle, "allows a small number of industrialized states to play a leading role in the functioning of the system."

The World Bank is a complex international entity linked to the UN. Its system includes four autonomous institutions subordinate to the President of the World Bank: the International Bank for Reconstruction and Development (IBRD), the International Finance Corporation (IFC), the International Development Association (IDA), the Multilateral Investment Guarantee Agency (MIGA). The overall goal of these institutions is to promote the economic and social development of the less developed members of the UN through the provision of financial and advisory assistance and assistance in training. Within the framework of this common goal, each institution performs its functions.

The International Bank for Reconstruction and Development (IBRD) was established in 1945. The overwhelming majority of states, including Russia and other CIS countries, are its participants. His goals:

  • promoting the reconstruction and development of Member States through productive investment;
  • encouragement of private and foreign investments by providing guarantees or participation in loans and other investments of private investors;
  • stimulating a balanced growth of international trade, as well as maintaining a balanced balance of payments through international investment in the development of production.

The supreme body of the IBRD is the Board of Governors, which consists of representatives of member states. Each of them has the number of votes proportional to the share of the contribution to the capital of the Bank. There are 24 executive directors involved in day-to-day operations, five of whom are appointed by the UK, Germany, USA, France and Japan. The directors elect a president who oversees the day-to-day business of the Bank.

The International Development Association was established as a subsidiary of the IBRD, but has the status of a specialized agency of the UN. Basically, it pursues the same goals as the Bank. The latter provides loans on more favorable terms than ordinary commercial banks, and mainly to repaying states. IDA provides interest-free loans to the poorest countries. Funded by IDA through membership contributions, additional contributions from the richest members, IBRD profits.

The Board of Governors and the Executive Directorate are formed in the same way as the corresponding bodies of the IBRD. Operated by IBRD staff (Russia is not involved).

The International Financial Corporation is an independent specialized agency of the United Nations. The goal is to promote the economic progress of developing countries by encouraging private manufacturing enterprises. In recent years, IFC has stepped up its technical assistance activities. A foreign investment advisory service has been set up. Members of the IFC must be members of the IBRD. Most states participate, including Russia and the CIS countries. The governing bodies of the IBRD are also bodies of the IFC.

Unification of international financial law

The most important role in this area is played by the Geneva Conventions on the Unification of the Law Relating to Bills, 1930, and the Geneva Conventions on the Unification of the Law Relating to Checks, 1931. The conventions have become widespread and yet have not become universal. They do not include countries of Anglo-American law. As a result, all systems of bills and checks operate in economic relations - Geneva and Anglo-American.

In order to eliminate this situation in 1988, the UN Convention on International Bills of Exchange and International Promissory Notes was adopted (draft prepared by UNCITRAL). Unfortunately, the Convention has failed to reconcile the contradictions and has not yet entered into force.

International investment law is a branch of international economic law, the principles and norms of which regulate the relations of states regarding investment.

The basic principle of international investment law is formulated in the Charter of Economic Rights and Duties of States as follows: each state has the right "to regulate and control foreign investment within the limits of its national jurisdiction, in accordance with its laws and regulations and in accordance with its national purposes and priorities. None the state should not be forced to grant preferential treatment to foreign investment."

Globalization has led to a significant increase in foreign investment. Accordingly, national and international lawmaking in this area has intensified. In an effort to attract foreign investment, some 45 developing and former socialist countries have adopted new laws or even codes on foreign investment over the past few years. More than 500 bilateral agreements have been concluded on this issue. Thus, the total number of such treaties reaches 200, in which more than 140 states participate.

A number of multilateral treaties containing investment provisions have been concluded: the North American Free Trade Agreement (NAFTA), the Energy Charter, etc. The World Bank and the International Monetary Fund in 1992 published a collection containing approximate general provisions of the relevant laws and treaties (Guidelines on the Treatment of Foreign Direct Investment).

Considering the mentioned laws and treaties, you come to the conclusion that in general they are aimed at liberalizing the legal regime of investments, on the one hand, and at increasing the level of their protection, on the other. Some of them provide foreign investors with national treatment and even free access. Many contain guarantees against uncompensated nationalization and against the prohibition of the free export of currency.

Particularly noteworthy is the fact that most laws and treaties provide for the possibility of considering disputes between a foreign investor and the host state in impartial arbitration. In general, sensing an urgent need for investment, the countries concerned seek to create an optimal regime for foreign investors, which sometimes turns out to be even more favorable than the regime for local investors.

The problem of foreign investment has not been ignored by the legal system of Russia. Certain guarantees are provided to them by the Civil Code of the Russian Federation (Article 235). The Law on Foreign Investments contains mainly guarantees provided by the state to foreign investors: legal protection of their activities, compensation in the event of nationalization of property, as well as in the event of an unfavorable change in legislation, proper resolution of disputes, etc.

Russia inherited from the USSR more than 10 agreements relating to the protection of foreign investment. Many such agreements have been concluded by Russia itself. Thus, during 2001 it ratified 12 agreements on encouragement and mutual protection of investments. All agreements provide for the provision of national treatment. Investments have been granted a regime "ensuring full and unconditional protection of investments in accordance with the standards adopted in international law" (Article 3 of the Agreement with France). The main attention is paid to the guarantee of foreign investments from non-commercial, i.e. political, risks, risks associated with war, coup d'état, revolution, etc.

Russia's bilateral agreements provide for a rather high level of investment protection, and not only from nationalization. Investors are entitled to compensation for losses, including lost profits, caused to them as a result of illegal actions of state bodies or officials.

An important guarantee of investments are the provisions of international agreements on subrogation, which refers to the replacement of one entity by another in relation to legal claims. In accordance with these provisions, for example, the state that has nationalized foreign property recognizes the transfer of rights by the owner to its state. The Agreement between Russia and Finland states that the party "or its competent authority acquires, by way of subrogation, the relevant investor rights based on this Agreement..." (Article 10). The peculiarity of subrogation in this case is that the rights of a private person are transferred to the state and protected at the interstate level. There is a transformation of civil law relations into international public law.

In general, the treaties provide a substantial international legal guarantee for foreign investment. Thanks to them, the violation by the host state of the investment contract becomes an international tort. Contracts usually provide for immediate and full compensation, as well as the possibility of submitting a dispute to arbitration.

Investment agreements are based on the principle of reciprocity. But in most cases, investors of only one side actually use the opportunities provided by them. The party in need of investment does not have significant potential for investment abroad. However, sometimes the weak side can also take advantage of these opportunities. Thus, the German government wanted to seize the shares of the Krupa steel plant belonging to the Shah of Iran so that they would not fall into the hands of the Iranian government. However, this was prevented by an investment protection agreement with Iran.

Thus, we can state the existence of a developed system of regulatory regulation of foreign investment. A significant place in it belongs to the norms of customary international law. They are complemented by treaty rules that improve the efficiency of the system by clarifying general rules and identifying specific investment protections.

This system as a whole provides a high level of protection, including:

  • ensuring minimum international standards;
  • granting the most favored nation treatment and non-discrimination based on nationality;
  • ensuring protection and security;
  • free transfer of investments and profits;
  • inadmissibility of nationalization without immediate and adequate compensation.

In the face of an intensified struggle for foreign capital investment markets, on the basis of the 1985 Seoul Convention, in 1988, at the initiative of the World Bank, the Multilateral Investment Guarantee Agency (hereinafter referred to as the Guarantee Agency) was established. The overall objective of the Safeguards Agency is to encourage foreign investment for productive purposes, especially in developing countries. This goal is achieved by providing guarantees, including insurance and reinsurance of non-commercial risks for foreign investments. Such risks include a ban on the export of foreign currency, nationalization and similar measures, breach of contract and, of course, war, revolution, internal political unrest. The Agency's guarantees are seen as complementary to, and not as a substitute for, national investment insurance schemes.

Organizationally, the Agency for Guarantees is connected with the International Bank for Reconstruction and Development, which, as noted, is part of the World Bank system. Nevertheless, the Safeguards Agency has legal and financial independence, and is also part of the UN system, interacting with it on the basis of an agreement. The connection with the IBRD finds expression in the fact that only members of the Bank can be members of the Guarantee Agency. The number of members exceeds 120 states, including Russia and other CIS countries.

The Guarantee Agency's bodies are the Board of Governors, the Directorate (the Chairman of the Directorate is the IBRD President ex officio) and the President. Each Member State has 177 votes plus one more vote for each additional contribution. As a result, a few capital-exporting countries have as many votes as numerous capital-importing countries. The statutory fund is formed at the expense of members' contributions and additional income from them.

The investor's relationship with the Agency for Guarantees is formalized by a private law contract. The latter obliges the investor to pay an annual insurance premium, defined as a percentage of the amount of the insurance guarantee. For its part, the Guarantee Agency undertakes to pay a certain sum insured, depending on the magnitude of the losses. At the same time, claims against the relevant state are transferred to the Agency for Guarantees in the order of subrogation. The dispute is transformed into an international legal one. Noteworthy is the fact that, thanks to the Agency for Guarantees, a dispute does not arise between two states, but between one of them and an international organization, which significantly reduces the possibility of a negative impact of the dispute on the relations of the states interested in it.

Investments in countries with an unstable economic and political system are associated with significant risk. There is a possibility of risk insurance in private insurance companies that require high insurance premiums. As a result, the return on investment decreases, and products lose their competitiveness.

Being interested in the export of national capital, industrialized countries have created instruments that provide insurance at affordable prices, and the associated losses are compensated by the states themselves. In the United States, these issues are dealt with by a special government agency - the Overseas Private Investment Corporation. Disputes between investors and the Corporation are resolved by arbitration. Some states, such as Germany, provide this kind of opportunity only to those who export capital to countries with which agreements on investment protection have been concluded.

The provision of guarantees at reduced insurance rates is a hidden form of government export subsidies. The desire to soften competition in this area encourages developed countries to seek international means of settlement. The Safeguards Agency mentioned is one of the main facilities of this kind.

Nationalization. The nationalization of foreign property is one of the main problems of investment law. The sovereign power of the state also extends to foreign private property, i.e. includes the right to nationalization. Until the end of World War II, perhaps most jurists denied this right and qualified nationalization as expropriation. This is how the nationalization carried out in Russia after the October Revolution was officially qualified.

Today the right to nationalize foreign property is recognized by international law. However, it is subject to certain conditions. Nationalization should not be arbitrary, it should be carried out not in private, but in public interests and be accompanied by immediate and adequate compensation.

As experience shows, compensation costs the state less than breaking off international economic ties. It is no coincidence that the socialist countries of Central and Eastern Europe did not follow the example of Russia in the nationalization of foreign property.

Disputes are resolved by agreement or arbitration.

In the Fromat case in 1982 by the International Chamber of Commerce, Iran argued that the demand for full compensation effectively invalidated the nationalization law, since the state was unable to pay it. The arbitration, however, determined that such issues should not be decided unilaterally by the state, but by arbitration.

There is a so-called creeping nationalization. Conditions are created for a foreign company that force it to cease operations. Well-intentioned government actions, such as the prohibition to reduce surplus labor, sometimes lead to similar results. In terms of its legal consequences, creeping nationalization is equated with ordinary nationalization.

The possibility of nationalization, subject to compensation for the cost of property converted into state ownership and other losses, is provided for by the Civil Code of the Russian Federation (part 2 of article 235). Federal Law No. 160-FZ of July 9, 1999 "On Foreign Investments in the Russian Federation" resolves the issue in accordance with the rules established in international practice. Foreign investments are not subject to nationalization and cannot be subject to requisition or confiscation, except in exceptional cases provided for by law, when these measures are taken in the public interest (Article 8).

If we turn to Russia's international treaties, they contain special resolutions that limit the possibility of nationalization to the utmost. The Agreement with the UK states that the investments of investors of one of the Parties will not be subject to de jure or de facto nationalization, expropriation, requisition or any measures having similar consequences in the territory of the other Party (clause 1 of article 5). It seems that such a resolution does not completely exclude the possibility of nationalization. However, it can only be carried out in case of public necessity, in accordance with the law, be non-discriminatory and be accompanied by adequate compensation.

In the relations between the CIS countries, the problem of nationalization was resolved by the multilateral Agreement on cooperation in the field of investment activity of 1993. Foreign investments enjoy full legal protection and, in principle, are not subject to nationalization. The latter is possible only in exceptional cases provided for by law. At the same time, "prompt, adequate and effective compensation" is paid (Article 7).

During nationalization, the main issues are related to the criteria for full, adequate compensation. In such cases, it is primarily about the market value of the nationalized property. International practice is generally of the opinion that grounds for compensation arise after nationalization, but will include losses incurred as a result of the announcement of the intention to nationalize.

After the Second World War, agreements between states on the payment of a total amount of compensation in case of mass nationalization became widespread. Such agreements reflected a certain compromise. The country - the source of investments refused full and adequate compensation, the nationalizing country refused the rule of equality of foreigners with local citizens.

As is known, as a result of nationalization after World War II, citizens of the countries of Central and Eastern Europe either did not receive compensation at all, or received much less than foreigners. By agreeing to pay compensation to citizens of foreign states, these countries retained their economic ties, which was essential for their national economy.

Having received the total amount of compensation by agreement, the state distributes it among its citizens, whose property has been nationalized. Such amounts are usually significantly less than the real value of the nationalized property. Justifying this, the state that carried out the nationalization usually refers to the difficult state of the economy as a result of war, revolution, etc. It would be wrong, however, to assume that the practice of agreements on the payment of a total amount in compensation for nationalization and taking into account the plight of the state paying it has become a norm of international law. The problem is solved by agreement of the states concerned.

The nationalization of foreign property also raises questions for third states. How should they treat, for example, the products of an enterprise whose legality of nationalization is disputed? Prior to the recognition of the Soviet government, foreign courts more than once satisfied the claims of former owners regarding the exported products of nationalized enterprises. Currently, the US is actively seeking other countries to recognize the illegal nationalization in Cuba.

International economic law in the relations of the CIS countries

The division of the unified economic system of the USSR by the borders of independent republics gave rise to an urgent need to restore ties on a new, international legal basis. Since 1992, many bilateral and multilateral agreements have been concluded in the field of transport, communications, customs, energy, industrial property, supply of goods, etc. In 1991, most of the CIS countries adopted a Memorandum on joint liability for the debts of the USSR, and the share of each republic in the total debt was determined. In 1992, Russia entered into agreements with a number of republics that provided for the transfer to it of all debts and, accordingly, the assets of the USSR abroad - the so-called zero option.

In 1993, the CIS Charter was adopted, which indicated economic cooperation as one of the main goals in the interests of the comprehensive and balanced economic and social development of the member states within the framework of the common economic space, in the interests of deepening integration. Let us especially note the consolidation of the provision that these processes should proceed on the basis of market relations. In other words, a certain socio-economic system is fixed.

The foregoing gives an idea of ​​the specifics of international economic law in the relations between the CIS countries. It operates in conditions of developing integration.

The supreme bodies of the Economic Union are the supreme bodies of the CIS, the councils of heads of state and heads of government. In 1994, the Interstate Economic Committee was established as a permanent body of the Union, which is a coordinating and executive body. It has the power to make three kinds of decisions:

  1. administrative decisions, legally binding;
  2. decisions, the binding nature of which must be confirmed by decisions of governments;
  3. recommendations.

Within the framework of the Union, there is the CIS Economic Court, established in 1992. It is only responsible for resolving interstate economic disputes, namely:

Additional problems in relations between the CIS countries were caused by the events of 2004-2005. in Georgia, Ukraine and Kyrgyzstan.

A system of integration management bodies has been established: the Interstate Council, the Integration Committee, the Inter-Parliamentary Committee. The peculiarity lies in the competence of the highest body - the Interstate Council. It has the right to make decisions that are legally binding on the bodies and organizations of the participants, as well as decisions that are subject to transformation into national legislation. Moreover, an additional guarantee of their implementation has been created: the parties are obliged to ensure the responsibility of state officials for the implementation of decisions of the integration management bodies (Article 24).

Integration associations of this kind, limited in the number of participants, pave the way for broader associations, and therefore they should be recognized as a natural, resource-saving phenomenon.

At the meeting of the Council of Heads of State - Members of the CIS, dedicated to the 10th anniversary of the Organization, an analytical final report was discussed. Positive results were stated and shortcomings were indicated. The task of improving the forms, methods and mechanisms of interaction has been set. The role of law and other normative means, which need further improvement, is especially emphasized. The issue of ensuring the implementation of the decisions taken is brought to the fore. The task is to continue efforts to harmonize legislation.

480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Thesis - 480 rubles, shipping 10 minutes 24 hours a day, seven days a week and holidays

Kryuchkova Irina Nikolaevna Influence of Economic Sanctions of the United Nations Security Council on the Execution of Private Law Treaties of an International Character: Dis. ... cand. legal Sciences: 12.00.03 Moscow, 2005 213 p. RSL OD, 61:05-12/2063

Introduction

CHAPTER I. Economic sanctions of the United Nations Security Council in the modern regulation of private law relations of an international character 18

1. Place of United Nations Security Council resolutions on economic sanctions in private international law 18

2. Resolutions of the United Nations Security Council on the imposition, suspension or lifting of economic sanctions as a source of private international law 28

CHAPTER II. The ratio of resolutions on the introduction of economic sanctions of the United Nations Security Council and domestic regulation in the field of concluding and executing private law treaties of an international character. 57

1. Peculiarities of national legal regulation of private law treaties of an international character in the context of the economic sanctions of the United Nations Security Council 57

2. State guarantees to national subjects of law when imposing economic sanctions of the United Nations Security Council 73

3. Mechanism for compensating for losses and damages to national subjects of law in the application of economic sanctions of the United Nations Security Council 89

CHAPTER III. Execution of private law treaties of an international nature in the context of the economic sanctions of the United Nations Security Council within the framework of national legal systems 107

1. The problem of legal independence of private law agreements from acts of international law 107

2. Legal consequences of the application of economic sanctions of the United Nations Security Council to the regulation of contractual obligations arising from private law agreements of an international character 118

3. The impact of economic sanctions of the United Nations Security Council on the peculiarities of civil law regulation of the fulfillment of obligations arising from

private law treaties of an international character 167

Conclusion 184

Bibliography 196

Introduction to work

Relevance of the research topic.

In recent decades, significant changes have taken place in the national legal systems of states, reflecting a qualitative deepening of the interaction between international and domestic law, within which the interweaving of international private and international law is increasing. Of particular note in this is the growing role of international treaties and acts of international organizations, primarily the United Nations (hereinafter referred to as the UN), for the development of the national law of various states, within the framework and under the auspices of international organizations, the most relevant and important for the entire world community as a whole are now being considered. questions.

As noted by prominent international experts, “the intensity of the struggle that took place during the First World War revealed the possibility of implementing a new form of influence, namely, the so-called boycott or blockade. It has become obvious that a modern highly developed state finds itself in an extremely difficult situation if it is deprived of the resources of neighboring countries and falls into conditions of isolation” 1 . Thus, since the First World War, economic sanctions have been perceived as an accessible and effective tool of the “easy way to resolve conflicts”.

In accordance with the UN Charter, the Security Council (hereinafter referred to as the UN Security Council) has the right to decide on the imposition of mandatory economic sanctions based on the provisions of Art. 39 and 41. Prior to 1989, sanctions were applied twice; after that, he imposed sanctions 14 times, and the range of declared goals at the same time constantly expanded, covering the repulse of aggression, the restoration

1 Oppenheim L. International law. Disputes. War. T. 2: Polut. 1. Ed.:
Krylov SB. / Transl.: Ivensky A.N. M. Foreign lit. 1949. S. 183.

2 Brunot P. L "embargo, solution de facilite dans les conflicts intemationaux. Defense
nationale, no. 51 (novembre 1995). P. 75.

democratic governments, protecting human rights, ending wars, fighting terrorism and supporting peace agreements 1 .

Mandatory economic sanctions of the UN Security Council are implemented by states on their territory in the form of a national legal act on the introduction of certain prohibitions or restrictions. The latter can also apply to the implementation of any economic activity with the violating state and its legal entities and other entities, and to certain sectors of the economy. Such activities with the violating state and its entities are carried out both by the state itself and its institutions, and by subjects of national law, and, in particular, by subjects of foreign economic activity on the basis of concluded contracts. The introduced prohibitions and restrictions significantly affect the possibility of concluding and executing private law contracts of an international nature, including foreign economic contracts. The imposition of economic sanctions may seriously affect the international relations of entities under the jurisdiction of third states, as they will be required to provide guarantees that their goods and services are in no way intended for re-export to the offending state or its legal entities.

Economic sanctions of the UN Security Council are often an obstacle not only to the implementation of current economic activities in the form of international commercial exchange of goods and services in a particular area of ​​the economy, but also paralyze the ability to pay for services already rendered or goods delivered.

The introduction of economic sanctions is accompanied by various legal consequences of a material and financial nature (direct damage and unforeseen expenses of the parties to private law contracts

See: Report of the High Level Panel on Threats, Challenges and Change. UN document.

of an international nature) due to the impossibility of fulfilling existing contractual obligations by the parties, imposing additional obligations on the parties to contracts to amend contracts, recognizing contracts, the terms of which contradict the national legal act on the imposition of economic sanctions, as invalid, etc.

It should be noted that, being an important tool aimed at maintaining peace, and being a means of promoting legal values, social, economic and other achievements of democracy and the rule of law, protecting individual rights and combating international terrorism, at the same time, sanctions in a certain sense act as a source of legal danger and vulnerability to the rights and freedoms of individuals 1 , such as freedom of contract and the right to conduct business, freedom of movement, property rights, freedom of information, and others. Goals and objectives of the study.

The purpose of the study is to analyze the directions and nature of the impact of economic sanctions of the UN Security Council on the execution of private law treaties of an international nature, the current state and trends in the interaction of international legal and national legal regulation in terms of the consequences of the application of mandatory economic sanctions of the UN Security Council, as well as to identify the nature of the legal relationship between resolutions of the UN Security Council and private law treaties of an international character.

In the course of the study, the following tasks were set and solved: - identifying the applicability of the legal concept of public international law "economic sanction of the UN Security Council" in the field of private international law; study of the place and role of this concept in PIL.

La Vodrama Ph. L "instrumentation du droit international comme source d" insecurite jundique et de vulnerabilite por les droits de I "homme: I "exemple de l" embargoio, Nord-Sud No. 21 (1999) P. 85.

determination of the range of private-legal relations and international treaties that formalize them, which may be affected by the implementation of economic sanctions of the UN Security Council;

the impact of economic sanctions of the UN Security Council on the regulation of private law treaties of an international nature in the domestic sphere;

identification of mechanisms for the introduction and implementation of economic sanctions that affect the execution of private law treaties of an international nature in the domestic law of individual states;

analysis of the impact of UN Security Council resolutions on the regulation of private law relations of persons under the jurisdiction of individual states, including the solution of the issue of the application of foreign law;

establishing the nature of the consequences of the application of economic sanctions and their types in the field of concluding and executing private law treaties of an international nature;

determining the relationship between a binding act of an international organization and a private law treaty of an international character;

study of the influence of the main principles of the application of economic sanctions of the UN Security Council on the implementation of foreign economic activity;

analysis of the concept of "jus sanctionis".

Object of study legal consequences and their types serve as a complex phenomenon arising from the application of economic sanctions by international organizations, which has an impact on the execution of private law contracts of an international nature, as well as the impact of decisions of international organizations on the civil law regulation of international commercial obligations.

Subject of study make up the features of the category "economic sanctions of an international organization" in private international law, the correlation between the requirements of Security Council resolutions on economic sanctions and national legal norms governing the fulfillment of obligations arising from private law treaties of an international character, and precisely the legal consequences of the application of economic sanctions by the UN Security Council to fulfill private law obligations under international agreements. Methodological basis of the study.

In carrying out this work, the author of the study used a wide range of different methods. The central place in the study of the subject was given to general scientific methods of system analysis and dialectical-materialistic philosophy, as well as special methods of cognition: logical-formal, formal-legal analysis and comparative law. In addition, the historical-retrospective method was essential for the present study.

The general principles of the methodology used in this work are reflected in the structure of the study. Theoretical base of the research.

The theoretical basis of the dissertation was the work of domestic and foreign researchers, both in the field of international private and civil law, and in the field of international public law.

As necessary, publications were involved, relating to the subject of research, considering certain aspects of the dissertation work from the point of view of history, history of law and philosophy.

In particular, the works of Soviet and Russian authors - representatives of branch legal sciences, primarily international and international private law, were widely involved: L.P. Anufrieva, M.P. Bardina, M.M. Boguslavsky, N.Yu. Erpyleva, D. Borisov, V.A. Vasilenko, G.M. Velyaminova, G.K. Dmitrieva, Yu.M. Kolosova, D.B. Levina, I.I.

Lukashuka, V.I. Menzhinsky, M.N. Minasyan, T.N. Neshataeva, B.C. Pozdnyakova, D.F. Ramzaitseva, E.I., M.G. Rozenberg, Skakunov, G.I. Tunkina, E.T. Usenko, N.A. Ushakov. In addition, the works of other international experts were also involved: K.A. Bekyasheva, G.V. Ignatenko, S.Yu. Marochkina, G.M. Melkov and others. Partially, the study was based on the works of pre-revolutionary Russian and foreign scientists: A.N. Mandelstam, M.I. Bruna, G. Grotsia, F.F. Martens. The works of foreign representatives of the science of international private and international public law, including: R. Ago, J. Burdeau, M. Bennouna, J. Brownlie, E. De Wet, V. Ch. Goleminov, V Holland-Debbas, G. Kelsen, P. Conlon, W. Koch, Magnus, P., W. von Mohrenfels, N. Krish, L. Oppenheim, B. Simma, L.A. Sicilianos, L.P. Forlatti, D.A. Frowijn, A. Cisse and others. Normative base of research.

The study used a variety of legal acts related to the sources of international private and international public law, unilateral acts of international organizations and states, materials of international organizations and conferences, the UN International Law Commission and the Commission on the UN Charter and strengthening the role of the Organization, legislative and other national legal acts of the Russian Federation and foreign states (Argentina, Belgium, Namibia, the Netherlands, Poland, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Finland, France, Germany, the Czech Republic, Switzerland, Sweden, South Africa, Japan, South Africa, etc.), as well as decisions of international and national judicial and arbitration bodies. The degree of scientific development of the problem.

V conditions of globalization and the strengthening of international interdependence of states from each other, the legal consequences of economic sanctions of the UN Security Council for the execution of private law contracts of an international character,

given the growing scale of the UN's recourse to preventive and coercive measures not related to the use of armed force, naturally cannot be left out of the field of view of researchers. Although certain aspects of the problem of UN economic sanctions have received some coverage in the science of private international law, the works mainly raised questions of the relationship between international and national law, including civil law regulation 1 . However, the relationship between a binding act of an international organization, in particular, decisions on economic sanctions of the UN Security Council, and a private law treaty of an international nature in the aspect of PIL has not yet become the subject of analysis. Meanwhile, the impact of the economic sanctions of the UN Security Council on the civil law regulation of relations related to foreign economic activity or, in general, within the framework of relations lying in the sphere of international civil circulation, urgently requires understanding precisely from the standpoint of the relationship between international public and international private law.

Theoretical ideas of specialists in the field of private international law are based on generalized views and properly formulated conclusions of representatives of the science of international law on international legal sanctions and their place in international law, the legal nature and grounds for application 2 .

The UN Security Council sanctions have attracted the attention of lawyers from various fields, including those studying their impact in terms of respect for human rights (A.V. Kalinin, V.M. Chigarev), as well as the effectiveness of economic

1 See Legal regulation of foreign trade in the USSR. Ed. D.M. Genkina,
Vneshtorgoizdat, 1961 p. 32-38; Boguslavsky M.M. Legal regulation
foreign trade purchase and sale in relations between socialist countries //
Problems of private international law. - M.; IMO Publishing House, 1960. S.29-62; L.P.
Anufriev. Cooperation in the field of science and technology between socialist and
developing countries. M: Science. 1987. S. 106-126.

2 It should be clarified in this connection that in the science of international law itself there is no
contains a well-established, unanimously accepted definition of economic
sanctions.

sanctions (M. Genugten, A de Groot). Despite the fact that the consideration of this issue is not the purpose of this work, such studies contribute to a more complete analysis and proper solution of the tasks set, since special issues of the impact of UN Security Council economic sanctions on the fulfillment of international commercial obligations and on civil law regulation of private law relations international character were practically not considered. Separate publications in this part (G.K. Dmitrieva, I.I. Lukashuk) are notable for their insignificance.

It is worth noting that despite a solid list of studies concerning the problem of understanding international sanctions by the science of international law and their undoubted practical relevance, at present, Russian private international law lacks an integral system of established views on jus sanctionis, the scope of international sanctions, their legal consequences on execution of private law contracts of an international character. Moreover, in the Russian legal literature, this concept is, in fact, unknown.

The main number of works devoted to the development of a comprehensive, or rather interdisciplinary, approach to understanding the application of economic sanctions and legal consequences belongs to foreign researchers. Separate works of such authors as M. Bennouna, V. Genugten, V. Holland-Debbas, J. De Groot, G. Kelsen, P. Conlon are directly devoted to the sanctions of the UN Security Council.

1 See about this: United Nations sanctions. Effectiveness and effects, especially in the field of human rights. A multi-disciplinary approach. Willem J.M. van Genugten, Gerard A. de Groot (editors). 1999. Intersentia Antwerpen - Groningen - Oxford; Gibbons, Elizabeth D., Sanctions in Haiti: Human rights and democracy under assault, Westport and London: Praeger Press, Center for Strategic and international studies, 1999; Kalinin A.B. Sanctions and Human Rights: International Legal Problems // Moscow Journal of International Law. No. 2. M. Intern. relationship. 2001. S. 155-166; Chigarev V.M. Sanctions, security and humanitarian action. // Actual international legal and humanitarian problems. Digest of articles. Issue. 2. M.: DA MFA of Russia. 2001, pp. 148-191.

A large share in scientific research on the legal consequences of the application of economic sanctions is the problem of the relationship between international economic sanctions and countermeasures applied by states. Serious attention of foreign researchers is paid to the place of decisions on international economic sanctions in the legal systems of states, the hierarchy of legal acts of individual states and decisions of international organizations, the procedure for implementing decisions on sanctions in the domestic sphere. It is worth emphasizing that at the present stage of scientific developments, a special interest of specialists in private international law is revealed in the problems that make up the specifics of the application of economic sanctions. In particular, the approach to the application of foreign law with the help of not only the means of private international law is subjected to serious analysis, and the problem of settling private law contracts of an international character in accordance with the law to be applied through the prism of the category of public policy is also considered in detail (L.P. Forlatti, L. .A. Sicilianos), international public order, "really international public order".

Despite the extensive foreign literature related to economic sanctions in international law, it should be noted that there are practically no special legal studies on the consequences of economic sanctions of the Security Council in the aspect of private international law, and even more so in a special way of their impact on the execution of international commercial obligations, and in the foreign science of private international law (J. Burdeau, L.A. Sicilianos, L.P. Forlatti, A. Cisse).

Thus, the urgency of a deeper study of them becomes obvious, since the legal consequences of the impact of the application of economic sanctions by the UN Security Council on the execution of private law treaties of an international nature extend primarily to one of

most important areas - the implementation of foreign economic exchange of goods and services between individuals. The study of this issue will ultimately have to contribute to the development and deepening of knowledge of the relevant section of the science of private international law. Scientific novelty of the research.

An analysis of special domestic literature allows us to conclude that this study is the first dissertation work in the Russian science of private international law, devoted to a special study of various issues related to the effect of economic sanctions of the UN Security Council and their impact on the execution of private law treaties of international law. character.

The study made it possible to formulate and substantiate the following main provisions of the dissertation submitted for defense:

1. The concept of "economic sanctions of the UN Security Council" is characteristic not only
international public, but also international private law,
since the adoption of a legally binding decision for Member States
international organization (primarily UN) in international law
plan naturally entails its implementation in the domestic
sphere, fundamentally affecting the private law relations of international
character.

    In the event that a state implements a UN Security Council resolution adopted in violation of the procedure established in the UN Charter, subjects of national law have the right to demand in court the recognition of a national legal act on invalidating the UN Security Council resolution.

    Since the parties to private law contracts of an international nature become parties to the economic sanctions of the UN Security Council without expressing their own will, they are entitled to receive compensation and other types of compensation if the losses, damage and actual expenses incurred by them were a direct result of the imposition of economic sanctions by the UN Security Council. Conceptually, providing

Such compensation can be carried out in two ways: at the expense of the state budget of the country applying the sanctions, or by applying to international institutions specially created for this purpose. Such compensation should be provided at the expense of the state budget of the country applying economic sanctions, or by applying to international institutions specially created for this purpose.

    If the parties to the contract choose the law of the violating state as the lex causae, the latter, during the period of the UN Security Council economic sanctions, may be recognized by the competent state body as contrary to the fundamentals of the legal order of the country of the court and inapplicable due to the public policy clause.

    The law of a third state, chosen by the parties as a lex causae, which, in violation of its international legal obligations, has not incorporated the requirements of the UN Security Council resolution into its internal legal order, may be recognized by the competent state body as contrary to the fundamentals of the legal order of the country of the forum and inapplicable by virtue of the public policy clause.

    The UN Security Council resolutions on economic sanctions can be attributed to acts that form the basis of the world legal order. Since the category of private international law “public policy clause” in the modern sense includes the fundamental norms of international law, its content should be expanded to include binding decisions of the UN Security Council on economic sanctions.

    The lawful unilateral refusal of the state to participate in economic sanctions due to the failure to reach agreement between the permanent members of the UN Security Council with the right to "veto", provided that the political goals of imposing sanctions are achieved, conditions the resumption of foreign economic activity with the violating state and its legal entities, as well as termination

the effect of prohibitions and restrictions imposed in accordance with the requirements of UN Security Council resolutions.

8. Existing legal framework for the implementation of decisions in the state
The UN Security Council should include such legal guarantees for the subjects
national law, such as: the introduction of economic sanctions not earlier than the date
official publication of the national act on giving them legal
powers in domestic law; legislating the right to
receiving compensation for damages and losses incurred; prompt cancellation
of the economic sanctions regime following the lifting proclaimed in the resolution
UN Security Council.

9. Security Council resolutions on economic sanctions, being acts
international public law, are addressed to the subjects of such law -
states, and, therefore, act as a source of subjective rights and
responsibilities for states. In the aspect of private international law for
private-law subjects of the UN Security Council resolutions become sources of law
in an objective sense and have legal force after the expression
specific state in some form of consent to their
obligation. This purpose is served by publishing in one form or another.
relevant national legal acts. However, the instructions in
UN Security Council resolutions on economic sanctions
regulation of subjective rights and obligations of subjects
domestic law put resolutions on a par with international
treaties as sources of private international law.
Practical and theoretical significance and approbation of the results of the work.

The theoretical aspects of the dissertation research outlined in the work can be used when reading the course of private international law, including the application of foreign law, international trade law, international civil procedure.

In practice, the results of the study can be applied in the work of the relevant competent state authorities, activities

which is connected both with the implementation of foreign and foreign economic policy, and judicial and arbitration consideration of disputes on private law transactions of an international nature.

The main conclusions and provisions of the dissertation were tested in articles published by the author, in speeches at scientific conferences, including students and graduate students, held in 2004 and 2005, as well as during practical classes at the Moscow State Law Academy as part of the study of the course of international private rights.

    Kryuchkova I.N. International legal guarantees of the right to compensation for damages and losses incurred as a result of unauthorized armed invasion and occupation. Guarantees of the rights of individuals and legal entities in the Russian Federation. - In the book: On the 10th anniversary of the Constitution of the Russian Federation: Dokl. and message IV International. scientific-practical. the conference. Moscow, 13 Apr. 2004 / Under. ed. N.I. Arkhipova, Yu.A. Tikhomirova, N.I. Kosyakova. M.: RGTU, 2004. (0.38 pp).

    Kryuchkova I.N. Legal nature and features of economic sanctions of the UN Security Council. - In the book: Actual problems of Russian law: Collection of scientific papers / Ed. Ed. THEM. Matskevich, G.A. Esakov. Issue. 1. - M., Polygraph OPT LLC, 2004. (0.56 p.l.).

    Kryuchkova I.N. Influence of resolutions of the United Nations Security Council on the civil law regulation of commercial relations. - In the book: International Scientific and Practical Conference "Civil Legislation of the Russian Federation as a Legal Environment of Civil Society". In 2 volumes. Kuban State University. Krasnodar. 2005. Volume 1 (0.52 pp).

    Kryuchkova I.N. Economic Sanctions of the United Nations Security Council in Public International Law and Private International Law: Monograph. - M.: MAKS Press, 2005 (9.25 sheets).

    Kryuchkova I.N. Legal consequences of the application of economic sanctions of the United Nations Security Council for the execution of private law treaties of an international nature. International public and private law. M. Lawyer, 2005. No. 5. (0.5 pp).

In addition, the dissertation partially used the content of other publications: Kryuchkova I.N. Alphabetical and subject index // Commentary on the Civil Code of the Russian Federation. Part three (item-by-article) / Editor-in-chief. L.P. Anufriev. M .: Wolters Kluver, 2004. (1.01 pp).

Place of United Nations Security Council Resolutions on Economic Sanctions in Private International Law

When studying the impact of economic sanctions of the UN Security Council on the execution of private law agreements of an international nature, it is necessary to initially establish what exactly, in accordance with modern international law, can be considered an international economic sanction, what is their significance in private international law. In other words, on the one hand, it must be pointed out that the answer to the question of the place and significance of the institution of economic sanctions in private international law cannot be given in abstraction from international law. At the same time, it is necessary to take into account the specifics and nature of international sanctions, including economic ones, namely the UN system, predetermined by the special status of this organization, which is endowed with the subjects of international law - sovereign states - with special powers and which is guided in its activities by the unshakable foundations, goals and objectives of a common international law, acting in accordance with the Charter. On the other hand, no less important for solving the problem of economic sanctions of the UN Security Council in private international law is the definition of the circle of persons and areas of activity to which their influence extends.

No less urgent for the purposes of this paper is the definition of what exactly is meant by the concept of “private law treaties of an international character”. It is known that the concept of “foreign economic transaction” is a well-established concept in PIL, sometimes other designations are used - “international commercial transaction”, “international commercial contract”1. However, since the dissertation examines the issues of influence on an indefinite range of contracts, including contracts whose purpose is not to make a profit (sports events, exchange of scientific, technical and other experience, educational programs), none of these categories is adequate. Thus, the most general definition of a foreign economic transaction, present in the science of private international law, will not cover such contracts, since foreign economic contracts are concluded for the purpose of obtaining economic benefits, and commercial enterprises act as parties to such contracts. The category "foreign economic transaction" will therefore not act as a generic concept for transactions formalized by such contracts.

Non-profit organizations, in accordance with established practice, as a rule, are not supposed to be participants in foreign economic activity. However, the application of sanctions has no less impact on contracts concluded without the purpose of making a profit. In view of the above, it seems more appropriate to raise this issue of influence in a broader sense - on treaties of an international character.

In addition, the subject of the study also includes the problems of the impact of the application of economic sanctions on private law contracts concluded between the representative offices of legal entities of the violating state in the territory of the country implementing the sanctions, and legal entities of the latter.

This category of contracts from certain positions cannot be qualified as an “international transaction”1, however, there are also legal consequences for their execution of the kind in question, which makes it necessary to involve them in the analysis along with others. The listed circumstances, therefore, determine the use of terminology of a more general nature.

Up to the present time in the doctrine of international law there is no established uniform approach to the content of the concept of "international sanction". Disagreements are rooted in different understandings, uses and interpretations of the actual concept of “sanction”, both in the system of domestic law and in international law Security measures of a preventive or coercive nature in accordance with the provisions of Art. 39 and 41 of the UN Charter.

Peculiarities of National Legal Regulation of Private Law Treaties of an International Character under the Economic Sanctions of the United Nations Security Council

The question of the relationship between international legal and national legal elements of regulation of commercial relations when introducing economic sanctions of the UN Security Council, and in particular in the Russian Federation, has many aspects.

The international legal element is expressed in the fact that the binding decisions of the UN Security Council on economic sanctions are an act of international law, a source of law in an objective sense, a source of subjective rights and obligations for subjects of public international law and at the same time a legal fact. The subjective rights and obligations of the state, firstly, are carried out in accordance with Art. 25 of the UN Charter, and relations between a state and an international organization are of a public law nature. Secondly, given the unconditional universal legal force of the decisions of the UN Security Council adopted in accordance with Art. 39 and 41 of Chapter VII of the UN Charter, states are obliged to implement such decisions in their domestic sphere within their own territory in accordance with the prescribed constitutional procedures, to give them binding legal force, to monitor their implementation and to take measures in case of violation. The moment of occurrence of such subjective public law obligations of the state is the moment when the Security Council makes a decision in accordance with Chapter VII of the UN Charter.

The implementation by the state of its subjective international legal rights and obligations, which consist in the mandatory implementation of the decisions of the UN Security Council on the imposition of economic sanctions, is ensured by giving such decisions binding legal force on the territory of the state implementing them.

The national legal element of regulation is expressed in the binding nature of domestic legal acts for the national persons of the state. For subjects of national law, decisions of the UN Security Council should be considered legally binding from the moment they are given legal force within the state under whose jurisdiction they are, and not from the moment the decision of the Security Council is adopted. There is always a gap in time between the date on which a decision is taken by the Council and the date on which a State passes an act of national law giving legal effect to such a decision. During this period, the parties to private law international contracts continue to fulfill their contractual obligations because they are not obliged to follow the decisions of the UN Security Council, directly without instructions from the state, and also due to the fact that they are not obliged and may not always be aware of introduction of appropriate economic sanctions. In the event that the parties execute the decision of the Security Council without indicating the state to be bound by such a decision for national persons, the other party to the contract will have a reason to make demands for the fulfillment of the obligation, reimbursement of losses and expenses, provision of other compensation in connection with non-performance or improper performance. Giving the decisions of the UN Security Council legal force on the territory of states is generally considered above from the point of view of the procedure for implementing (transforming or incorporating) an act of an international organization in accordance with constitutional procedures into domestic law. However, it is necessary to pay attention to some features of this procedure. At the same time, it is important to clarify that the implementation of an international act, as a rule, means the procedure for ratifying a normative legal act in accordance with the constitutionally established procedures or generally accepted practice of the state. In accordance with the current legislation of most states, the procedure for ratifying a treaty of an international legal nature is necessary for newly signed international treaties with the participation of a state. Considering directly the binding decisions of the UN Security Council on the imposition of sanctions, it is worth noting that the decisions are not international treaties in their essence, despite the fact that they have a similar international legal nature and many rules on international treaties may be applicable to acts of an international organization.

Decisions of the UN Security Council on the introduction of economic sanctions are taken in accordance with Art. 39 and 41 of the UN Charter, and by their legal nature, unlike international treaties, they are norms not of primary law, but of secondary law, i.e. adopted in the development of the provisions of the existing international treaty. The norms of the UN Charter are undoubtedly the norms of primary law. The right of an international organization to make decisions on the imposition of economic sanctions significantly distinguishes these decisions as sources of law from international treaties and agreements.

While international treaties are independent acts of international law and require a separate procedure for recognition, ratification or otherwise implementation of approval on the territory of the state, decisions of the UN Security Council are taken in development of the provisions of the UN Charter. The role of the decisions of the UN Security Council is of a functional auxiliary nature in the implementation of the main tasks assigned by the world community to the Organization and strengthening the effectiveness of their implementation. Decisions of the UN Security Council cannot be canceled, changed or issued by the state. The operation of an international treaty may be accepted by the state with reservations, an exit from the international treaty may be envisaged, and the state may also refuse to execute it in individual cases.

The problem of legal independence of private law agreements from acts of international law

In the science of private international law, there has long been an understanding of the independence and autonomy of private law international agreements from normative legal acts, including acts of national law and acts of international law, with the help of which conditions can be created that make the conclusion and execution of such a private law agreement possible and legal. The independence of private law contracts is expressed, in particular, in the fact that they are concluded, changed and terminated in connection with the coordination of the wills of the two subjects of civil law relations. “Despite the fact that the very acceptance of contractual obligations by foreign trade obligations and their fulfillment is possible only if the state takes appropriate measures (granting an export / import permit, issuing a license, permitting mutual settlements in foreign currency, etc.) that constitute the content their contractual obligations ... civil law relations arise only from the moment a contract is concluded between foreign trade organizations and are determined only by the provisions of this contract”1.

The emergence, change and termination of international legal obligations of states, which occurred in connection with the Security Council resolutions on the introduction of economic sanctions, is a consequence of the expression not only of the unilateral will of the UN Security Council, but also of the corresponding wills of specific states. The influence of the decisions of the UN Security Council on private law contracts arises from the moment the state gives legal force to the resolutions of the Security Council on its territory. The will of the state is the most important factor in the implementation of the decisions of the UN Security Council, since international law does not establish responsibility for non-compliance with mandatory sanctions of the UN Security Council. It must be emphasized here that when a subject of international law assumes certain obligations, their observance will rather be ensured by non-existent or potentially possible measures of international legal coercion in relation to a non-executing state, namely, by the own will of the state wishing to bind itself with such international obligations.

It is worth noting that the resulting temporary vacuum between the moment a decision of the UN Security Council is adopted and the moment the decision of the UN Security Council is given legal force on the territory of a state is a consequence of the natural course of events, which cannot be said about the moment such decisions of the UN Security Council are made binding, established solely by the discretion of the state itself. At the same time, the state determines not only the date from which such decisions become binding, but also the decision itself is made to give or not to give them legal force. The question of what underlies such a decision of the state in relation to the analyzed problem in this aspect is secondary. In this situation, it is important to note the role played by the adoption of a decision by the state on the enactment of an act of the UN Security Council on its territory.

Decisions are made by expressing the will of the state in the form of an internal act, most often state-legal or civil legislation. To clarify the issue of the relationship between international legal and private law regulation, namely the act of the UN Security Council and the private law contract of an international character, the role and significance of the will of the state is one of the key points. Such a will, when introducing economic sanctions by the UN Security Council into the domestic sphere, is mediated by the adoption by the state of normative legal acts of national law, which will be a source of law for subjects of private legal relations and commercial transactions that formalize them. However, the key importance of the will of the state lies in the fact that it is a link between the UN Security Council resolution and private law contracts of an international nature.

In accordance with the resolutions of the Security Council on economic sanctions, which are given legal force by a separate state on its territory, certain conditions are created for the subjects of foreign economic relations to conduct commercial activities related to international business transactions with counterparties of the country against which sanctions are imposed. Such conditions consist in the introduction, with the permission of the state, into such private law relations of regimes of prohibition, restrictions or granting of permits for the supply of previously prohibited types of goods, services, communications and for entrepreneurial activities.

The legal literature indicates that “... the main thing in the legal connection between an intergovernmental agreement (international treaty) and a civil law contract is the will of the state. In accordance with it, not only the international legal obligations of states are implemented (interstate agreements are implemented), but also the conclusion and execution of civil law contracts is ensured”1. By ensuring the conclusion and execution of civil law contracts, it seems necessary to understand the creation of various prerequisites, including a legal nature, certain conditions, and in general the foundations of the legal regulation of relevant relations. Despite the fact that the above statement refers to the relationship between an international treaty and a civil law contract, it should nevertheless be pointed out that its conceptual foundations are also applicable to the subject under consideration of the relationship between economic sanctions of the UN Security Council and private law agreements, since they point primarily to the relationship of elements of legal regulation in general: international law and civil law.

Decisions of the UN Security Council have legal force for subjects of international law and are comparable to the binding nature of an international treaty for states that have concluded it. Civil law agreements and transactions are a specific type of private law contracts as such, including international ones. Consequently, since the decision of the UN Security Council is by its legal nature an act of international law, its implementation in the domestic sphere requires the state to comply with practically the same procedures as the implementation of an international treaty, with the exception, perhaps, of certain circumstances that are related, for example, to the fact that for some agreements (in cases of ratification of an international treaty) there is an adoption of an internal act by representative - legislative - authorities, and Security Council resolutions, as a rule, are introduced by acts of executive power (in the Russian Federation - by decrees of the President or resolutions of the Government). Nevertheless, in this situation, the mediation of the legal connection between the act of the Security Council, acting as an act of international law, and the private law contract in the will of each given state is undoubtedly present.

Chapter I. The use of international law to ensure the economic security of states in modern conditions

1. Features of modern international economic relations 2. The concept of "economic security"

3. International legal support of economic security.

Chapter II. Regulatory guarantees for the economic security of states

1. The principles of modern international law as the basis of the system of international legal support for the economic security of states

2. Economic coercion and economic sanctions in modern international law.

3. Regulatory provision of the economic security of states in the field of trade.

Chapter III. Organizational and legal guarantees for ensuring the economic security of states

1. Ensuring economic security within the UN system.

2. Ensuring economic security in the WTO system.

3. Ensuring economic security within the framework of regional integration associations.

Recommended list of dissertations in the specialty "International Law, European Law", 12.00.10 VAK code

  • International Legal Aspects of Ensuring General Security 1997 PhD in Law Mohammad Taher

  • Impact of economic sanctions of the United Nations Security Council on the enforcement of private law treaties of an international nature 2005, candidate of legal sciences Kryuchkova, Irina Nikolaevna

  • International Legal Mechanisms for Regulating Economic Integration and State Sovereignty 2010, Doctor of Law Efremova, Nellya Andreevna

  • Global and Regional Collective Security Systems at the Present Stage: International Legal Aspects 2004 Doctor of Law Mohammad Tahir

  • International legal framework for ensuring the collective security of the CIS member states 2003, candidate of legal sciences Arkhangelsky, Alexander Valerievich

Introduction to the thesis (part of the abstract) on the topic "Economic security of states and the problems of its international legal support in modern conditions"

Relevance of the research topic. The process of formation in the Russian Federation of a market economy, as an integral part of the world economy and the international market, is associated with the growth of external threats to national economic security (hereinafter - NES). The complexity of the problem of ensuring economic security is due to the fact that it is of a complex nature and must be solved not only by economic, but also by legal means, including within the framework of international law.

Despite all the attempts made during the 20th century, ensuring the security of states in the economic sphere remains one of the most acute problems of modern international law. The normative regulation of this issue is associated with the constant struggle of developed and developing countries to consolidate their interests in international law, based on different approaches to understanding national economic security.

In this regard, it is necessary to analyze modern international law from the standpoint of its use to ensure the NEL of Russia, the results of which should be taken into account when creating a comprehensive strategy for ensuring national security.

In the modern science of international law, the problem of international legal support for economic security has not yet attracted due attention. Most of the currently available work on this topic refers to the period of the 80s - early 90s, when the issue of international economic security was discussed within the framework of the United Nations.

An analysis of the features of international economic relations that have a significant impact on the development of the system of international legal support for the economic security of states, the study of a set of principles and norms of modern international law, as well as existing organizational and legal institutions - are prerequisites for creating an effective state system for ensuring the national economic security of the Russian Federation. Federation.

The degree of development of the research topic. At the moment, there are no monographic works specifically devoted to a comprehensive analysis of the problem of international legal support for the economic security of states in the current stage of development of the world economy. Some issues of ensuring economic security in modern conditions were considered in general works on international economic law by such Russian legal scholars as G.M. Velyaminov, A.A. Kovalev,

B.M. Shumilov. The problems of international legal support of international security as a whole are studied in the works of S.A. Voitovich,

C.A. Malinina, A.V. Pirogov, E.I. Skakunova, R.A. Tuzmukhamedova, N.A. Ushakova, V.N. Fedorov.

A special role in substantiating the NEB concept is played by the works of domestic economists and political scientists: L.I. Abalkina, I.Ya. Bogdanova, N.P. Vashchekina, B.C. Zagashvili, N.A. Kosolapova, M.A. Muntyan, V.A. Pankova, V.K. Senchagova, A.I. Strakhova, A.D. Ursula. In the works of these authors, the features of ensuring the economic security of states at the present stage of development of international economic relations, as well as the problems of Russia's inclusion in the world economy, are studied.

The object of the study is interstate relations regulated by modern international law in the field of ensuring the economic security of states.

The subject of the study is a complex of normative and organizational-legal institutions operating in international law aimed at ensuring the economic security of states from external threats.

Purpose and objectives of the dissertation. The purpose of the dissertation research is to, based on an analysis of the features of modern international economic relations and the concept of economic security, to study modern international legal regulatory and organizational institutions that can be used to ensure the economic security of the Russian Federation.

The achievement of this goal led to the setting of the following main tasks: to identify the features of modern international economic relations and the elements of the economic security of states that must be taken into account when analyzing the system of international legal support for the economic security of states; explore the history of raising the issue of ensuring the economic security of states in international law; determine the role of international law in solving the problem of ensuring the economic security of states; analyze the possibilities of international law in ensuring the economic security of the state from objective and subjective threats of an external nature, within the framework of a unified system for ensuring national security; to analyze the system of normative and organizational-legal guarantees that exist in modern international law; to study the existing principles and norms that can be used to ensure the economic security of states, as well as their development trends;

To reveal the main features and prospects for the development of organizational and legal guarantees of economic security, primarily the UN and WTO systems, as well as regional integration economic associations;

The methodological basis of the thesis is the following methods: general scientific (comparison, analysis, synthesis, induction, deduction, analogy), special (formal-logical) and private law (interpretation, comparative-legal, technical-legal).

The theoretical basis of the study was:

General theoretical works on international law;

Works on some main branches of international law;

Works on general and special issues of international economic law;

Normative-legal sources of international law;

Special works on the problems of globalization, interdependence, regionalization and national economic security.

The provisions and conclusions contained in the work are based on the works of domestic legal scholars: B.M. Ashavsky, D.I. Baratashvili, M.M. Boguslavsky, V.A. Vasilenko, S.A. Voitovich, G.M. Velyaminova, A.Ya. Kapustina, E.M. Klimenko, A.A. Kovaleva, Yu.M. Kolosova, D.K. Labina, D.B. Levina, I.I. Lukashuka, S.V. Marinich, V.I. Menzhinsky, A.A. Moiseeva, A.V. Pirogov, E.I. Skakunova, R.A. Tuzmukhamedova, G.I. Tunkina, E.T. Usenko, N.A. Ushakova, S.V. Chernichenko, G.V. Sharmazanashvili, V.M. Shumilova.

The author widely used the works of economists and political scientists: L.I. Abalkina, I.Ya. Bogdanova, N.P. Vashchekina, E.B. Zavyalova, B.C. Zagashvili, M.D. Intriligator, N.A. Kosolapova, S.A. Malinina, A. Mikhailenko, M.A. Muntyan, V.A. Pankova, A.V. Prokopchuk, L.V. Sabelnikova, V.K. Senchagova, A.D. Ursula.

Among the foreign scientists whose works were used in writing the dissertation, it is necessary to name: D. Carro (D. Carreau), M. Bedjaoui (M. Bedjaoui), J. Fawcett, D. Fischer , J. Jackson (J. H. Jackson), P. Juillard (P. Juillard), G. Hufbauer (G. C. Hufbauer), K. Knorr (K. Knorr), X. Machovski (N. Machovski), X. Maul (J. Maull), R. McGee (R. McGee), K. Murdoch (S. Murdoch), S. Reisemann (S. Reismann), J. Rosenau (JN Rosenau), M. Shimai, A. Tita (A. Tita), J. Tinbergen (J. Tinbergen), R. Vernon (R. Vernon), M. de Vries (M G. de Vries) and others.

The scientific novelty of the dissertation lies in the fact that in this work, for the first time, the possibilities of modern international law in the field of ensuring the economic security of states at the present stage of development of international economic relations are considered. The author highlights the elements of economic security, the provision of which requires the use of international law. The analysis of the current state and prospects for the development of a complex of international legal guarantees of the economic security of states is carried out. The main provisions of the dissertation submitted for defense: 1. In modern international economic relations (IER), there are a number of features that influence the development of modern international law and should be taken into account when studying the issue of international legal support for the NEL.

2. A systematic analysis of the concept of economic security allows us to identify a number of elements, the problem of ensuring which can be solved with the help of international law.

3. Differences in the approaches of developed and developing countries, as well as countries with economies in transition to the problem of international legal support for economic security, do not allow us to talk about the creation in the near future of a global system for ensuring the economic security of states. In this regard, the importance of ensuring the economic security of states within the framework of regional economic associations is increasing.

4. An analysis of the main groups of NEW threats allows us to conclude that international law can be used to counter threats of both an objective and subjective nature.

5. In order to include Russia in the modern world economy on terms that will contribute to the effective counteraction to threats to the national economic security of the country, it is necessary to take a number of steps in the field of international legal support for economic security, related to the analysis of modern international law and the development of a strategy of action to consolidate in international law of Russia's national interests in the economic sphere.

6. Broad and narrow approaches to understanding the international legal support of the economic security of states are highlighted. In a broad sense, the system of international legal support for economic security includes the norms of all branches of international law, since the relations that are the subject of their regulation can, to one degree or another, influence the formation and prevention of threats to the economic security of any state. A narrow approach to understanding the international legal support of the economic security of states is based on the presentation of the general principles of international law and the special principles of international economic law, as well as the normative and organizational-legal institutions of international economic law as a unified system of normative and organizational guarantees of the economic security of states.

7. Trends in the development of certain general principles of international law and special principles of international economic law, which play an important role in ensuring the economic security of Russia, are determined.

8. An analysis of the current state and prospects for the development of the UN system from the point of view of ensuring the economic security of states confirmed the need to create a body within the UN that would deal with the problems of economic disputes and the application of economic sanctions, as well as the need to expand the competence of ECOSOC in the field of interaction with major international economic organizations within the framework of joint programs.

9. An analysis of the system of regulatory and organizational institutions operating within the WTO allows us to conclude that the WTO has created a system of regulatory and organizational mechanisms to ensure the national economic security of member countries. This system should be studied in connection with the planned accession of Russia to the WTO, both from the point of view of its use in order to realize the national economic interests of Russia in the markets of the WTO countries, and from the point of view of counteracting the use of these mechanisms in relation to Russia.

10. An analysis of the main regional economic associations in the conditions of the modern development of the world economy allows us to conclude that today they are the main tool for ensuring the economic security of both individual countries and their groups from external threats.

Theoretical and practical significance of the research results. Based on the analysis of modern international law, Russian and foreign scientific literature, the study of the regulatory and organizational mechanisms of the UN, the WTO and regional economic associations, the author formulates conclusions regarding the understanding of the essence and features of the modern system of international legal support for economic security, which can be used: a) in further scientific works devoted to the development of problems of the use of international law in order to ensure economic security; b) when analyzing systems for ensuring national economic security and international security in general; c) to improve the current legislation in the field of ensuring economic security, as well as the policy of ensuring the economic security of Russia when included in the modern world economy; d) in the system of higher education in the study of international law and non-legal disciplines.

Approbation of the research results. The dissertation was completed at the Department of International and Constitutional Law of the Moscow State Linguistic University, where it was discussed.

Some provisions of the dissertation research are presented in three scientific articles, and also tested at conferences and seminars held at the Moscow State Linguistic University and the Diplomatic Academy of the Russian Foreign Ministry.

The materials of the dissertation were used in conducting classes on the special course "International Economic Law" at the Moscow State Linguistic University.

The structure of the dissertation is determined by the logic of the topic and plan, the purpose and objectives of the study. The work consists of an introduction, three chapters, including nine paragraphs, a conclusion and a bibliography.

Dissertation conclusion on the topic "International Law, European Law", Ignatov, Yuri Vladimirovich

CONCLUSION

The study allows us to draw the following conclusions: W

1. The study of the issue of international legal support for the economic security of states and their groups from external threats requires taking into account the features of the development of modern international economic relations (IER) and international economic law (IEP), which include: the processes of economic globalization, interdependence and regionalization, development modern international economic relations based on competition between states and their associations, confrontation between developed and developing countries in the field of limiting the use of economic coercion and abuse of economic sanctions, insufficient international legal framework in the field of combating negative phenomena in international economic relations.

2. An analysis of the concept of economic security of states, carried out taking into account the peculiarities of modern international economic relations, allows us to identify a number of elements that make it possible to use the normative and organizational-legal institutions of international law: counteracting internal and external factors of an objective and subjective nature; ensuring the economic independence of states, which includes independence in determining the ways and forms of economic development without external pressure and interference; f ensuring the economic security of the state in conditions of interdependence, the consequence of which is an increase in the danger posed by external factors.

3. The history of the formulation of the problem of international legal support of economic security can be conditionally divided into several stages. The first stage covers the period of 20-30s. XX century, and is associated with the bilateral and multilateral efforts of the USSR to combat manifestations of economic aggression. The second stage is associated with the raising of the question of economic aggression by the USSR in 1953 when discussing the definition of aggression and the concept of "force" in various UN bodies. Despite the subsequent failure, the interest of developing states in creating the legal foundations of international economic security was expressed in the third stage, associated with an attempt to establish a New International Economic Order and subsequent consideration in the UN of the issue of international economic security. In the early 90s. work on the concept of international economic security was suspended, however, the support received by the idea of ​​ensuring the economic security of states through international law, and the return of the UN to the discussion of the problem of economic sanctions and problems associated with coercion in the economic sphere, allow us to conclude that a new stage in the creation of international legal framework for the economic security of states.

4. There are deep contradictions in the approaches of developed and developing countries, as well as countries with economies in transition, to the problem of international legal support for economic security. As the analysis of the concepts of economic security has shown, the main task of developed countries is to maintain economic independence and gain control over the resources necessary for the normal development of the national economy, as well as to create conditions that guarantee the existence of markets for products. This approach underlies the policy of Western countries in the field of international law. It is characterized by the rejection of the use of rigid norms and the desire to use "soft" law and more flexible organizational and legal institutions that allow the active use of various methods of political and economic pressure.

The position of developing countries and countries with economies in transition, which, within the framework of this approach, are a source of resources and markets for products, is based on the idea of ​​creating a system of the regulatory framework of international economic relations based on the general and special principles of international law, which includes a system of regulatory and organizational institutions to ensure economic security of states. It is precisely this position that Russia should adhere to when creating a strategy for its foreign policy measures in connection with ensuring national economic security.

5. The effectiveness of the mechanism of international legal support of economic security is determined by its ability to guarantee the security of states in two situations - in the event of the impact on the national economy of negative factors of an objective nature, and also in the case of the impact of negative factors of a subjective nature. In the first case, a regulatory framework is needed, on the basis of which the coordination of individual and collective actions of states and international organizations to provide assistance to a state or a group of states affected by external economic impact generated by the objective laws of the functioning and development of the IEO will be carried out. In the second case, a system is required that ensures the construction of the MEO on a democratic basis, which limits, and ideally prohibits, the use of means of economic coercion, within which there is a system of peaceful settlement of disputes caused by differences in the national interests of the MEO member states.

6. Taking into account the complexity of the globalization process, the combination of both objective and subjective elements in it, the national strategy for Russia's inclusion in the world economy should include a number of steps in the field of international law: analysis of the existing regulatory bilateral and multilateral framework in order to identify norms that ensure the economic security of the state ; active F use of existing regulatory and organizational institutions to ensure security in the economic sphere; active participation in the development and adoption of norms within the framework of international organizations; creation and development of a clear regulatory framework for interaction with friendly countries within the framework of integration associations, taking into account the positive experience of other countries; definition of norms that require creation or further development and strengthening; taking steps to create and develop these norms in international law; active participation in international organizations that have an impact on the development of the globalization process in order to implement their own interests and initiatives within their framework.

7. Within the framework of such a strategy, understanding the role of international law in ensuring the economic security of states is possible both in a broad and narrow sense. In the first case, the system of international legal support for economic security includes almost all branches of international law, since the relations that are the subject of regulation of various branches of international law are more or less capable of influencing the formation and prevention of threats to the economic security of any state. As part of a broad approach, it is necessary to analyze such branches of international law as, for example, the law of international security, international maritime law, a set of rules governing international legal responsibility and the peaceful settlement of international disputes, as well as rules created within the framework of interstate cooperation in combating crime, especially organized economic crime. A narrow approach to understanding the international legal support of the economic security of states is based on the presentation of the general principles of international law and the special principles of international economic law, as well as the normative and organizational-legal institutions of international economic law as a single system. Within this system, two groups of guarantees can be distinguished: regulatory and organizational. In addition to the general and special principles of international/international economic law, the concept of normative guarantees includes rules related to the fight against economic coercion, the misuse of economic sanctions, as well as other rules that have been formed in international law, primarily within the framework of the multilateral system regulation of international trade. The complex of organizational and legal guarantees is associated with the active use and development of the current UN system and international economic organizations, as well as with the activities of economic integration associations.

8. To ensure the economic security of states, an important role is played, first of all, by such general principles of international law as the principle of non-use of force or threat of force, the principle of non-interference in the internal affairs of states, the principle of cooperation and the principle of sovereign equality of states.

The process of globalization and the internationalization of many issues of the internal competence of states are used as a basis for the conclusion that the importance of the principle of sovereignty is steadily declining and, most likely, will disappear in the near future. As studies by Russian and foreign scientists have shown, at the present stage the importance of state sovereignty is only increasing, although states are obliged to exercise sovereign rights, including in exercising control over the economy, taking into account their international obligations.

An important role in the system of normative support of economic security is played by the principle of non-interference in the internal affairs of states. External illegal interference in the national economy is possible in two forms: direct and indirect. In cases of direct interference carried out in the public sphere, the application of the principle of non-intervention is fully justified. It can become one of the elements of protection against unlawful interference in the internal affairs of the state. However, in the case when pressure on the government or other negative interference in the economic life of states is the result of the activities of private foreign companies, their representative offices and dependent enterprises, counteraction is possible only with the help of national law. One of the trends in the development of the principle of non-intervention is the reduction of the exclusive internal competence of states in many traditionally sovereign areas, which is associated with the development of international legal regulation. In this regard, it should be borne in mind that modern international law allows for legitimate interference, which is the result of the participation of states in various international treaties and international organizations.

In our opinion, at the present stage, it is necessary to consolidate the principle of prohibition of economic coercion in international law. The first step towards the creation of this principle and the definition of its specific content may be the Resolution of the UN General Assembly. In the future, this principle should be developed and consolidated within the framework of bilateral and multilateral relations between states.

Also, in our opinion, it would be advisable to enshrine in international law the principle of equal economic security, which would prohibit ensuring the economic security of one state (or group of countries) by increasing the dangers to the economy of another state.

9. In the sphere of normative guarantees of the economic security of states, two particularly acute problems can be distinguished: the problem of economic coercion and the question of the application by states of economic sanctions.

The problem of economic coercion is related to the interpretation of the term "force", established in paragraph 4 of Article 2 of the UN Charter, in connection with its use in relation to the phenomenon of economic coercion. Under modern international law, the concept of "force" refers only to the use of military force. Therefore, the problem of the use of illegal economic influence should be solved within the framework of the restriction of "economic coercion".

The problem of combating economic coercion has always been associated with a sharp confrontation between the socialist and developing states, on the one hand, and Western countries, on the other. The result of this tense struggle was the absence in international law of clear rules for the use of economic coercion. Basically, the prohibition on the use of economic coercion is contained in the resolutions of the UN General Assembly, which cannot be considered a sufficient regulatory framework for the formation of a rule on the prohibition of economic coercion in the International Economic Relations.

An additional complication is the political and economic aspect of the problem of economic coercion. Due to the lack of clear rules, the enforcement measures used often do not achieve their intended goals, involve the use of means that only exacerbate the situation in the target country, and often also have commercial purposes, for example, they can be used to aggressively enter the market of the target country and drive out competitors .

Today, the UN is trying to resolve the problem of sanctions. There is a need for support and further development of the draft Declaration on Basic Conditions and Standard Criteria for the Imposition and Application of Sanctions and Other Coercive Measures, which formulates the rules governing the practice of applying sanctions. The creation within the framework of the UN of a regulatory framework and international bodies dealing with the issue of applying economic sanctions and controlling the implementation of coercive measures are the most important issues in the development of the system of international ensuring the economic security of states.

10. There is a need to develop the UN system in the field of IER regulation. Perhaps it would be appropriate to create a UN Economic Security Council (ESC), whose functions will be to monitor the state of the world economy, assess the relationship between the main policies, strategic harmonize the policies of a number of international organizations and ensure consistency in the implementation of their program goals, as well as promote intergovernmental dialogue on the development of the global economic system. It should be noted that the system of distribution of seats in this body proposed within the framework of the SEB concept does not meet the interests of Russia, since it is assumed that the seats in this body should belong to the economic powers of the world that occupy leading positions in terms of GDP calculated at purchasing power parity.

In connection with the need to improve the effectiveness of ECOSOC in the field of international economic relations, as well as to find a comprehensive solution to the problem of developing countries and the implementation of the Millennium Goals, the main activity of ECOSOC should be interaction with leading international economic organizations on the development and implementation of joint programs with the UN, as well as ensuring information exchange between ECOSOC and the UN Security Council.

If an international system dealing with the problem of regulating international economic relations is created on the basis of ECOSO, it will be possible to speak of the formation of a global system for ensuring the economic security of states. While this process is in the initial stage of development, it is necessary to determine Russia's priorities in this area and take an active part in the development of fundamental documents. Such a strategy can ensure that Russia's national economic interests are taken into account and, possibly, implemented at the international level.

I. The system of normative and organizational mechanisms for ensuring economic security, created and operating within the framework of the WTO, is one of the most developed in modern international law. When forming the WTO system, the participants provided for the possibility of the lawful use of economic reprisals in order to counteract dishonest business practices on the part of economic entities of other WTO member countries (combating threats of a subjective nature), as well as in order to minimize the negative consequences that have arisen in any sectors of the national economy in connection with the liberalization of trade (the fight against threats of an objective nature). A number of regulatory guarantees for the economic security of the participating States have been supplemented by the creation of a dispute resolution mechanism, which allows for the peaceful settlement of emerging disputes. By joining the WTO, Russia will be able to use these mechanisms to ensure national economic security. At the same time, it is necessary to take into account the reverse effect that may occur when using these mechanisms in relation to Russia. The basis for making a decision on joining the WTO should be a comprehensive economic and legal analysis of the consequences of joining the WTO. When considering the WTO system, special attention should be paid to the analysis of the following institutions that can be used by states to ensure national economic security: procedures for combating dumping and state subsidies; mechanism for the use of protective measures; norms allowing the introduction of quantitative restrictions on external trade, as well as norms providing for the possibility of derogation from obligations under any multilateral agreement concluded within the framework of the WTO. It is necessary to analyze the practice of applying such rules and the activities of the relevant WTO bodies in order to identify the conditions and features of the functioning of existing mechanisms.

12. The creation of regional economic organizations increases the ability of states to ensure collective economic security while countering external threats, and also helps to increase the competitiveness of both individual countries and the entire group as a whole. In our opinion, today the creation of economic integration associations is the main way to ensure collective economic security. For the Russian Federation, the problem of regionalism is connected, first of all, with the creation of the EurAsEC. Today, the integration processes within the EurAsEC are not yet as pronounced as, for example, in Western and Eastern Europe, however, in our opinion, the best interests of the EurAsEC member countries would be the creation of a regional economic grouping with a high degree of integration, in within which Community law will have a supranational character. Such a basis for interaction will ensure the effective implementation of both individual and group economic interests of the participating countries, whose economies are characterized by a high degree of interdependence. When creating regional economic associations in Russia, special attention should be paid to the problem of the participation of member countries of economic integration associations in the WTO, since the creation of economic associations between WTO members requires compliance with a certain procedure within which the WTO can make binding decisions. Also, one should take into account the obligation of WTO members not to worsen the existing conditions provided to other members of the organization when creating a regional integration grouping, which requires a coordinated policy of joining the WTO.

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