International Law and International Organizations - rubric NORM-MAKING AND APPLICATION OF LEGAL NORMS IN THE ACTIVITIES OF INTERNATIONAL ORGANIZATIONS

Abstract: This article is devoted to the role of international legal regulation of genetic engineering, which becomes more and more topical from the standpoint of international regulation. Eating genetically modified foods may cause harm to human health to whole generations, and use and spread of genetically modifies organisms (GMO) may lead to the degradation of biological variety, regardless of the borders. That is why the issue of genetic engineering is more than just a domestic national problem, and it cannot be effectively solved within the limits of a particular state.

Keywords: international law, genetic engineering, GMO, invasion, Amman and Bangkok Resolution, Convention on Biological Variety, Cartagena Protocol, Aarhus Convention, Codex Alimentarius

Abstract: Cooperation of states is a necessary precondition for successfully fighting corruption. In turn, it calls for constant watch over the corruption situation in every state, and in the world as a whole. The evaluation of level of corruption in various states is done by a number of international organizations. This article is devoted to analysis of this issue.

Keywords: international law, jurisprudence, monitoring, corruption, corruption situation, prevention, fighting

Abstract: The article includes analysis of stages of formation of normative regulation of copyright relations in the EU, the author shows the tendencies for the unifi cation of such legislation in the EU.

Keywords: international law, Directive, Union, Community, author, norm-formation, author’s work, market, creativity, unifi cation.

Abstract: This article is devoted to the study of international documents in the sphere of fi ghting slavery in the form of forced labor, in the UN and various regional international organizations (such as the Council of Europe, the Organization of American States, CIS, etc.). The author shows the practical efforts of the NGOs and inter- government organizations in this sphere. The author pays attention to normative legal acts of the Russian Federation in the sphere of criminal and labor law, which are aimed to implement the international legal documents, which are intended to abolish slavery in the form of forced labor.

Keywords: international law, international criminal law, international labor law, slavery, forced labor, child labor, debt bondage, the UN, the ILO, regional international organizations.

DOI: 10.7256/2454-0633.2018.3.27187

Abstract: The subject of this research is the question of implementation of temporary measures in case of non-compliance with the decisions of the Dispute Settlement Body of the World Trade Organization. The author analyzes the implementation of temporary measures in the General Agreement on Tariffs and Trade (GATT), explores the order of implementation of temporary measures with regards to the Agreement of rules and procedures regulating the dispute settlement, studies the question of the volume of suspension of concessions as a temporary measure, as well as the possible issues that can emerge at the stage of determination of the volume. The author analyzes the practice of implementation of temporary measures. The scientific novelty lies in detailed consideration of the order of implementation of temporary measures in case of non-compliance with the decision of the Dispute Settlement Body of the World Trade Organization, as well as examination of the corresponding practice of the countries established within the framework of GATT / WTO. The study of this question remains relevant so that Russia can seize an opportunity for protecting its interests to the fullest possible extent in terms of WTO. The following conclusions were made: compensation is not a sufficiently effective temporary measure, therefore, the countries more often refer to suspension of concessions; mechanism for suspending concessions cannot be called perfect, because the developing countries are often not able to implement such measure for protecting their interests, thus it would seem that such mechanism requires reforms (the introduction of interim relief is possible).

Keywords: Balance of advantages, GATT, DSB, Suspension of concessions, Compensation, Dispute Settlement, DSU, WTO, Consensus, International trade

DOI: 10.7256/2454-0633.2021.4.36516

Abstract: Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

Keywords: non-state regulation, non-state actors, international non-governmental organisations, international intergovernmental organisations, cross-border relationships, public private partnerships, rule-making function, standardisation, lex mercatoria, lex PPPs

DOI: 10.7256/2454-0633.2022.4.38899

Abstract: The purpose of this paper is to attempt to classify the practice of international bodies that is significant for understanding the legal features of the use of genetic technologies as well as to provide a brief overview of some of the ECtHR cases that are key to identifying the general trends in human rights protection in the use of genetic technologies. The author provides an analysis of the ECtHR cases, which reveal some aspects of informed consent in medical activities and also addresses the more specific issue of prenatal genetic testing. The conclusion is drawn that it is advisable to classify cases of international bodies on the application of genetic technologies into two main categories: cases concerning particular issues of the application of genetic technologies and cases containing fundamental legal positions on the application of medical technologies, including genetic ones. It is necessary to consider both categories of cases in order to clarify the official interpretation of international norms and principles for the protection of human rights in the area at issue. For example, the analysis of practice in a broad category of medical cases provides insight into how the ECtHR discusses the principle of informed consent through the interpretation of the right to privacy enshrined in article 8 of the ECHR. However, a narrow focus on cases directly arising from the application of genetic technologies allows the inference of general requirements for legal regulation and human rights in subject areas such as genetic testing.

Keywords: European convention on human rights, right to private life, right to health care, reproductive rights, informed consent, Oviedo Convention, ECtHR, genetic testing, genetic technologies, human rights

DOI: 10.7256/2454-0633.2013.2.7825

Abstract: The article is devoted to the analysis of place and role of the IAEA and the European Nuclear Energy Agency within the context of international legal protection of environment from radioactive pollution, taking into account the situation at the Japanese Atomic Power Station “Fukushima 1”. The author includes analysis of rulemaking activities of these international organizations.

Keywords: international law, international nuclear and atomic law, international environmental law, international organizations, IAEA, the European Nuclear Energy Agency, rulemaking activity of international organizations, radiation protection, nuclear security, atomic power engineering.

DOI: 10.7256/2454-0633.2019.4.30808

Abstract: The subject of this research is the international legal regulation of migration within the framework of activity of the United Nations (UN) and International Organization for Migration (IOM). The ongoing in the world community fundamental changes associated with the scientific and technological progress, strengthening of globalization and rationalization, cause migration waves. The dynamics of international migration is traced by multiple international organizations, the key role among which belongs to UN and IOM. Taking into account the events that took place in the first quarter of the XXI century, the examination of mechanism of international legal regulation within the framework of activity of the United Nations and International Organization for Migration becomes relevant. The scientific novelty consists in the need for substantiating the urgency of the problems of international migration, as well as the ways to resolve it. The international legal regulation of migration within the framework of UN and IOM is an intrinsic element in the current international relations. Emphasis is made on the formation of tolerant attitude to migrants and proliferation of the ideas of multiculturalism within information space.

Keywords: international organization, labor migrants, international relations, International Organization for Migration, United Nations, migrant, migration waves, globalization, international law, international migration

DOI: 10.7256/2454-0633.2023.4.48487

Abstract: The subject of the study is public relations emerging in the implementation of public-private partnership projects aimed at achieving the sustainable development goals developed by the UN. The object of the study is a set of financial and institutional conditions for the implementation of public-private partnership (PPP) projects based on PPP agreements with a special focus on the UNECE model law “PPP for the benefit of people” being developed. Thus, the proposed approach to PPP for the benefit of people as a separate type of PPP has been criticized. The author, through the prism of sustainable development goals, describes the possibility of improving the proposed international legal norms and rules developed for the implementation of PPP projects. The article also discusses the possibility of introducing the sustainable development agenda through PPP agreements (lex PPPs). When writing the article, the following methods were used: logical, historical, theoretical-prognostic, formal-legal, systemic-structural, comparative law and legal modeling. The methodological apparatus consisted of the following dialectical techniques and methods of scientific knowledge: analysis, abstraction, induction, deduction, hypothesis, analogy, synthesis, typology, classification, systematization and generalization. The main conclusions of the study are that the concept of sustainable development and sustainable development goals are becoming increasingly popular in the practice of implementing investment projects, including those based on PPP. Further improvement of domestic legislation on PPP should be in line with the implementation of best practices, focused not just on the financial component and benefit of the investor and the state, but also on the benefit for people (PPP people first) and the planet (PPP for planet). The main results of the study include the fact that aspects were identified that slow down the advancement of the sustainable development agenda in the field of public-private partnership (contradiction of terms, lack of incentives for implementation for investors), a definition was given to public-private partnership for sustainable development, and It was also revealed that lex PPPs can become an effective tool for achieving sustainable development goals through their implementation in PPP agreements.

Keywords: SDGs-focused PPPs, PPP standards, UNECE, PPP project, sustainable investment, sustainable infrastructure, Sustainable Development Goals, sustainable development, PPP, UN

DOI: 10.7256/2454-0633.2016.1.17490

Abstract: This article is dedicated to the anniversary of the International organization UNESCO and highlights its remarkable contribution into the world culture. The author reflects the core milestones of the diversified work of UNESCO in the format of its rulemaking activity with regards to the preservation of the cultural heritage, as well as emphasizes the role of the organization as a powerful coordinating center in the area of international cooperation on the establishment of legal field in the sphere of the digital cultural heritage. The author underlines that UNESCO being the flagman of formation of the global cultural policy, focuses on the solution of precise tasks, which allows advancing the international cooperation in the area of establishment, preservation, and provision of access and safety of the digital cultural heritage. In the conclusion the author substantiates the fact that in the conditions of the global information society, the problem of the legal regulation of the sphere of digital culture is yet to be resolved, as well as of great relevance are the questions of unification of the legal notions and the mechanisms and instruments of formation, preservation, and security of the digital heritage on the universal level.

DOI: 10.7256/2454-0633.2016.1.67443

Keywords: legal space, digital age, digital cultural heritage, information society, globalization, cultural heritage, world culture, UNESCO, international legal instruments, international cooperation

DOI: 10.7256/2454-0633.2019.2.30107

Abstract: The subject of this research is the documents accepted in 2018 in the European Union regulating the requirements to utilization of products made of artificial materials, including the disposable products and fishing gear (draft directive and its substantiation, pan-European strategy). The European Union recognizes the growing threat of marine pollution, harm to living resources of the sea, as well as human health due to consumption of seafood products, decrease in the volume of extracted marine bioresources, and other negative consequences of the extensive usage of plastics (inexpensive, easily transported, but hard to collect, process and dispose wastes); as well as proposes the corresponding solution measures. Familiarization with the assignments of the directive and arguments for its adoption, set forth in Rationale prepared by the European Commission, would contribute to solution of one of the most urgent issues in the area of preventing environmental pollution (primarily the World Ocean) on a global and regional scale, including Russia that still did not pass the Federal Law “On Packaging Wastes”, the system of waste sorting and recycling, lags behind the practice of the developed countries in complete recycling of disposable products. Otherwise, the accumulated wastes produce toxic effect upon the surface and ground waters, soil, air, human health, environmental security of the population and territories.

Keywords: strategy, waste, plastic, law, environment, directive, policy, safety, ecology, pollution

Abstract: The author analyzes one of the documents, which were developed within the framework of the WIPO. This document includes recommendations for the states on development of their own national intellectual property systems. Such recommendations, when used as an example, allow to refl ect on the activities, which take place within the rule-making of this organization, and they are helpful for the practitioners in the sphere of the IP, since these are recommendations on formation of the strategy for the development of IP law at the national level.

Keywords: international law, intellectual property, WIPO, recommendations, national strategies of development, technical aid to the states, rule-making activity, systems of intellectual property, development at the national level, cooperation.

DOI: 10.7256/2454-0633.2016.1.17706

Abstract: The subject of this research is the normative practical activity of the international organizations (UN and WHO) on the devising of strategies, programs, and taking corresponding measures on the reduction of poverty. The author reviews such aspects as held by these international organizations Global summits on the issues of social development and fight against poverty. A special attention is given to the content of strategies and problems enacted by the UN and WHO since 1970 – recognition on the international level of relevance of the problem of decreasing the scale of poverty. The main conclusions and its scientific novelty consist in in determination of the main principles that serve as a platform for the strategies aimed at prevention, alleviation, and reduction of poverty on international scale, as well as on the scale of a separate nation. The author’s main contribution is the evaluation of the work of the international organizations with regards to the question of the fight against poverty; analysis of the strategies and programs passed at the Global summits of the United Nations.

DOI: 10.7256/2454-0633.2016.1.67444

Keywords: Elimination of poverty, Social development, Extreme poverty, Reduction of poverty, Prevention of poverty, Alleviation of poverty, Fight against poverty, Poverty, Strategy, Program

DOI: 10.7256/2454-0633.2023.2.40637

Abstract: The author examines the activities of the Shanghai Cooperation Organization in the field of coordination of the activities of the participating states in the field of public health protection. The author examines the current state of international legal regulation of cooperation in the field of health protection within the SCO through the prism of generally recognized international legal standards in this direction. The theoretical basis of the research is the works of M.V. Podvyaznikova, M.S.Malichenko, S. I. Pomazkova, N.Gafurova, Zh.Oryntaev. In order to determine the areas of cooperation in the field of health protection, international legal documents adopted at the SCO summits, in particular the SCO Charter, Declarations and Agreements on Mutual Cooperation, were analyzed. In addition, the general state of cooperation between the SCO states in the field of health protection in practice was analyzed. As a result, it is concluded that cooperation in the field of health protection within the SCO needs to strengthen the legal component, in particular, it is necessary to conclude international agreements on specific areas of public health protection and the organization of medical care. At a time when the consequences of the rapid spread of coronavirus infection, the largest humanitarian catastrophe of the coming century, have become an indicator of systemic problems of international law in the field of health protection as a branch of international law, and the established system of international legal regulation has proved unable to counteract COVID-19, rightly identifying the task of carrying out its consistent reform to ensure human security, strengthening the international legal framework for regulating the right to health within the SCO, in our opinion, can have a certain positive impact on the adoption of the necessary, more specific universal international treaties in this direction, especially in the fight against infectious diseases.

Keywords: coronavirus pandemic, treatment of diseases, healthy development of the child, level of physical health, ensuring health maintenance, health level, viral infections, World Health organization, right to health, medical care

DOI: 10.7256/2454-0633.2020.2.32914

Abstract: The subject of this research is multilateral international acts in the area of copyright that were joined by the BRICS countries – Berne Convention, Universal Copyright Convention, TRIPS Agreement, etc., as well as bilateral agreements between the governments of Russia and Brazil in 2007, Russia and India in 1994, Russia and China in 1992, Russia and South Africa in 2014, which regulate different legal aspects of realization of joint scientific and technological activity, namely in the sphere of medicine. Attention is focused on the problematic moments associated with the spread of copyright regime upon certain objects of medical activity. The scientific novelty of this work consists in articulation of the problem and approaches to its research. The authors comes to the conclusion that the BRICS countries have formed a sufficient international legal system for the protection of copyrights with one, but serious flaw substantiated by the refusal of India and Brazil to join the Agreement of World Intellectual Property Organization. Proliferation of scientific information through the Internet requires more stringent regulation on the international level, since it inflicts substantial damage to the authors of scientific works.

Keywords: WIPO, BRICS, copyright objects, bilateral agreement, intellectual property, scientific and technical cooperation, intellectual property protection, medicine, copyright, conventions

DOI: 10.7256/2454-0633.2017.3.23459

Abstract: The subject matter of this article is comprised of the legal aspects of qualification and contestation of the refusal of an international institution to initiate a request to its other branch at the request of a business entity on the example of the EEC and the EurAsEC, which have previously dealt with such issues. The author seeks the answer to the question whether such refusal is an action or inaction of this institution. The review covers the most important facets of law enforcement, including features of prejudicial inquiries. The author comes from the subjective-objective orientation of processes and phenomena in the surrounding world. From this position, the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusion of the conducted research is the idea that various integration associations, formed in different regions of our planet, in the course of their development face the same challenges in the functioning of their institutional systems. The experience of the ones that have a longer life is always useful, because it allows finding practically applicable solutions based on tested samples, which may be significant for the future. The results presented in this article can be useful for practitioners who have ties with the EU and the EurAsEC, as well as for law enforcement bodies in Russia. They also serve as a source of valuable information that enriches the domestic private law.

Keywords: request of busibess entity, branch of international organization, inaction, action, EEC, EurAsEC, prejudice, contestation, law enforcement practice, analogy

DOI: 10.7256/2454-0633.2017.1.20710

Abstract: The object of this article is the modern trends in development of the international information or digital security. The author considers the report of the United Nations Group of Governmental Experts on achievements in the field of information and telecommunications in 2015, documents of the Shanghai Cooperation Organization, the Collective Security Treaty Organization, as well as the Organization for Economic Cooperation and Development Recommendation on digital security risk management for economic and social prosperity in 2015. The author conducts a comparative analysis of the information security models established in Russian legislation and advanced by Russia in the UN, SCO, OCSTO, and the concept of digital security risk management of OECD. Taking into account the integration processes in the Eurasian Economic Union, formation of a unified digital space of the Eurasian Economic Commission, as well as the desire the EAEU member states to enter the OECD, it is necessary to ensure coordination between the existing mechanisms of information security and the OECD concept on digital security risk management. On the basis of comparative analysis, the author has developed proposals pertaining to the possible changes in the Russian information security legislation.

Keywords: United Nations, Collective Security Treaty Organization, international organisations, international law, information law, information security, integration, OECD, risk management, digital security

DOI: 10.7256/2454-0633.2017.1.68623

DOI: 10.7256/2454-0633.2023.3.40947

Abstract: This article is a continuation of the analysis of the fulfillment by Benin, Niger and Burkina Faso of international obligations and the application of national law norms for the protection of the transboundary object of the V-Arly-Panjari Complex, as well as the implementation by Germany, Denmark and the Netherlands of a set of measures for the protection and conservation of the Wadden Sea. The authors identified the main provisions for the protection and management of the outstanding universal value, considered the foundations for the formation of systems of bodies that perform the functions of protecting objects, analyzed the main measures for coordinating the actions of national authorities to eliminate the main threats and maintain the state of unique natural transboundary objects in order to fulfill obligations under the Convention. The novelty of this study is predetermined by the fact that at the present time there are practically no legal studies of the practice of protecting World Heritage sites in general and transboundary (transnational) sites in particular. The analysis leads the authors to the conclusion that the extrapolation of the main provisions to the current situation in the field of conservation of such Russian transboundary natural objects as the Ubsunur basin and the Landscapes of Dauria gives rise to the need to develop appropriate individual adjustments in the legislation of our country, regardless of the relevant UNESCO measures. The authors make proposals to improve the situation in the field of ensuring its protection of a Russian transboundary natural objects.

Keywords: World Heritage Committee, intergovernmental agreement, management plan, environmental law, legal protection, international law, world heritage, Landscapes of Dauria, Uvs Nuur Basin, specially protected areas

DOI: 10.7256/2454-0633.2023.2.41023

Abstract: The active development of cryptocurrencies around the world began about 10 years ago, but despite the rather long period of time, the world has not yet developed a unified approach to understanding the essence of cryptocurrencies and the general rules for their legal regulation. This article examines the essence of cryptocurrencies from the standpoint of a general theoretical approach, and also analyzes the positions of international organizations regarding the definition of the essence of cryptocurrencies. The creation of a common approach to determining the essence of cryptocurrencies at the global level will make it possible to choose a single most optimal approach to the issue of their further legal regulation by countries at the national level. The analysis allowed to conclude that the concept of cryptocurrencies can be considered in several different aspects, each of which has its own specifics, but at the same time reflects the essential features of cryptocurrencies. Many international organizations classify cryptocurrencies as virtual/digital currencies, noting, at the same time, the significant risks of their use and the need to create a coordinated and systematic regulation of the sphere of cryptocurrency turnover to reduce the ways and possibilities of their illegal use.

Keywords: property, digital currencies, virtual currencies, the use of cryptocurrencies, international organizations, legal regulation of cryptocurrencies, the essence of cryptocurrencies, cryptocurrencies, private money, blockchain

DOI: 10.7256/2454-0633.2018.3.26631

Abstract: The subject of this research is one of the new directions in activity of the regional intergovernmental organization ASEAN (Association of Southeast Asian Nations) – the protection from natural disasters. ASEAN rarely becomes the object of research, namely in the context of realization of protection from natural disasters. Escalation of the existing problems in this sphere in the early XXI century in the Pacific Rim triggered the development of the new vector in activity of the organization. The author describes in details the peculiarities of establishment of this mechanism, its problems and prospects. Special attention is given to the content of framework agreements of ASEAN, which are the core of the entire mechanism of cooperation. Methodological base includes the historical approach to establishment of the analyzed relations, analysis and synthesis of information on the activity of organization in the indicated sphere, as well as its legal regulation. The conclusion is made regarding the effectiveness of regional cooperation in the field of protection from natural disasters, as well as its openness for cooperation with the countries of the entire global community. The analysis demonstrates that ASEAN is a vivid example of proper use of its negative experience for advancement and improvement of the quality of cooperation in the particular area of interests of the organization.

Keywords: disaster risk reduction, disaster relief, ASEAN Agreement, Asian Regional Forum, Coordinating Centre ASEAN, regional cooperation, protaction of disasters, natural disasters, ASEAN, international cooperation

Abstract: The article is devoted to the importance of codification and progressive development of international law as a form of administrative legal activity of international community on improvement of international law. The author studies the issues of development of international law, mechanisms of such improvement and the results of the relevant activities.

Keywords: international law, codification, progressive development of international law, international community, administrative legal activity, administrative legal activity, development of international law.

DOI: 10.7256/2454-0633.2023.1.40054

Abstract: The relevance of the research is caused by the transformation of law in conditions of great challenges and threats, and without understanding the global nature of the problems of this phenomenon, it is impossible to carry out active interstate cooperation. The purpose of research is to study the interstate cooperation in field of information security, as well as the development of measures to improve its effectiveness (primarily international legislation, as well as other interstate measures to prevent new challenges and threats). The object of the study is modern social relations developing in the field of interstate cooperation in ensuring information security. The subject is international legal acts regulating relations in the field of cybersecurity, materials and publications in the field of information security, Internet resources on the problems of this topic. In the course of the research, the author concludes that today the dynamics of competitive relations in Russia are determined by a number of factors that should be developed at the sites of the SCO, BRICS, CSTO, CIS and other interstate regional associations for the growth of the interconnection of market participants, the integration of production, leveling sanctions costs. These conditions pose the task of finding legal means aimed at enhancing the development of the economic sphere and ensuring security in the information sphere. This poses the task of forming an effective mechanism of technical regulation. At a time when the Russian Federation has significant prerequisites for the breakthrough development of digital technologies as a driver of its economic growth, adequate legal solutions are needed to eliminate existing obstacles on this path.

Keywords: legal regulation, threats and risks, information law, international organizations, international law, international security, cooperation, information security, transformation of law, information society

Abstract: The article includes analysis of international legal acts, which provide detailed regulation on lowering the level of relapse crime by control over the persons released from confi nement institutions. Having evaluated the institution of probation the author establishes the legal segment of post-penitentiary control and review, and offers to possibly implement some of such positions into the Russian legislation.

Keywords: international law, probation, post-penitentiary control, probation service, Framework Decisions, relapse crime, the Rules of the Council of Europe on Probation, member states of the EU, the European Probation Organization, prisoners.

DOI: 10.7256/2454-0633.2023.1.40082

Abstract: The authors examines the legal positions formulated by the European Court of Human Rights in relation to the compliance of Russian legislation and the practice of its application with the criteria of inadmissibility of cruel and humiliating treatment of convicts. Despite the termination of Russia's cooperation with European inter-state human rights bodies, the long experience of interaction with them has made it possible to identify certain shortcomings in the national penitentiary system and outline ways to eliminate them. A number of decisions of the European Court of Human Rights have been creatively interpreted in Russian legislation, and this has contributed to improving the legal status of persons sentenced to imprisonment. Based on a critical analysis of the key negative characteristics of the penal enforcement system, the authors identified the main directions of the impact of the decisions of the interstate human rights body on the formation of a new penal enforcement policy that contributes to improving the protection of the rights, freedoms and legitimate interests of citizens serving a sentence of imprisonment. To date, the relevance of this has remained, although the legal positions of the European Court of Human Rights are not and have never been sources of Russian law. The improvement of penitentiary legislation is a significant direction of the criminal policy of the state, therefore, the author's conclusions are of interest for rule-making activities.

Keywords: crime, legal status, penitentiary reform, convict, humiliation of dignity, tortures, cruel treatment, penal system, human rights, penalty

Abstract: The work examines an attempt to criminalize responsibility of a state for genocide as well as the conditions under which the state bears such responsibility. The work reviewed the court practice when rulings were given that defi ne the conditions of the said responsibility. The work also reviews the most liberal opinions on criminal state responsibility for genocide.

Keywords: genocide, state responsibility, criminal state responsibility

Abstract: This article aims to analyze a new phenomenon, taking place in the sphere of human rights protection. Companies have a responsibility to respect human rights, which means to act with due diligence to avoid infringing on the rights of others. This is the message the UN Human Rights Council sent to all actors in 2008 as part of adopting unanimously the Protect, Respect and Remedy policy framework for business and human rights put forward by John Ruggie, the UN Special Representative for Business and Human Rights. The protection of human rights, including where it relates to business, is the primary obligation of the state. However, in many parts of the world, and in specific contexts, governments continue to be unable or unwilling to live up to all their duties. Companies have the responsibility to respect human rights, but there have been several instances where companies have failed to live up to international standards or expectations. In cases of state inability and failure, the onus increasingly falls on companies to be more proactive in the field of human rights. It is against this background that the UN Human Rights Council sought to clarify the obligations for states and the responsibilities of business by adopting the Special Representative’s framework. Key words: policy framework, UN Human Rights Council, corporate responsibility, human rights abuses, Guiding Principles, international standards, effective remedies, guidance, human rights due diligence, assessment, actual practice.

Keywords: Mezhdunarodnoe pravo, policy framework, UN Human Rights Council, corporate responsibility, human rights abuses, Guiding Principles, international standards, human rights due diligence, assessment, actual practice

DOI: 10.7256/2454-0633.2015.2.14611

Abstract: The object of research in this article is the questions of essence and content of the forms of implementation of international economic sanctions issued by the UN Security Council based on Chapter VII of the UN Charter. The author conducts a detailed analysis of the international practice of the forms of implementation of international economic sanctions. A thorough examination is given to such aspects of research as a new form of implementation of economic sanctions that has emerged over the last two decades – “freezing of assets, or other financial products and economic resources”. Among the main conclusions are the positions on universal sphere of effect of economic sanctions imposed by the UN, and the limits of the subject area that are demarcated by the corresponding resolutions of the UN Security Council. The author substantiates the position on the trend in the choice of the forms of implementation of international economic sanctions in favor of the forms that carry a targeted an elective character.

Keywords: UN Security Council, economic blockade, freezing of financial holdings, economic boycott, embargoes, forms implementation of sanctions, international economic sanctions, UN, UN Charter, modification of sanction regimes

DOI: 10.7256/2454-0633.2015.2.66474

DOI: 10.7256/2454-0633.2013.2.62775

Abstract: The article concerns with the specific features of international intergovernmental organization resolutions as a type of sources of international soft law. The author then makes a conclusion that the mechanism of implementation of resolutions (recommendations)of an international organization by its member states is an independent one, and differs from the mechanism for the member state obligations under the treaty and non-member states obligations on implementation of a resolution as passed by the international organization under a convention. The author studies place and role of the IMO Resolutions within the mechanism of international legal regulation of the marine environment protection. He singles out specific features of the norm-making activities of the IMO in the sphere of marine environment protection, and he offers to classify the IMO Resolution into three types: those containing binding norms, those containing nonbinding recommendations, and those containing both binding norms and recommendations.

Keywords: international law, international organizations, soft law, conventions, resolutions, sources of international law, recommendations, obligatory norms, the UN, the IMO

DOI: 10.7256/2454-0633.2013.2.62776

Abstract: The article is concerned with the criteria for the accepting the states as the new UN Members, as well as some specific features of the procedure for such accepting. The author also views the activities of the UN Security Council, including the Committee on the Admission of the New Members of the UN Security Council. It is noted that the Committee often used its power to request additional information from a candidate state. It is stated that accepting the new Member States by the UN Security Council and by the UN General Assembly without the involvement of this Committee has political character, while the activities of the Committee allow to provide legal grounds for the candidate state meeting (or not meeting) the criteria under Art. 4 of the UN Charter. It is concluded that the activities of the Committee are of importance, and its participation in the procedure of accepting new Member States to the UN is not a mere formality.

Keywords: the UNO, the UN Security Council, the General Assembly, the Committee, membership criteria, the UN Charter, temporary rules, state

DOI: 10.7256/2454-0633.2015.3.15679

Abstract: The subject of this research is the rulemaking function of the UN Security Council in the area of international security and counterterrorism, as well as prospects for its development. The author analyzes the limits of the competency of this institution. One of the conclusions of this work is the thesis that the antiterrorism resolutions of the Security Council possess lawmaking potential, and can create new rules that would be mandatory for all countries in the area of international security, fight against terrorism, and prevention of new terrorist acts. The author proposes few rules that could set more specific framework for the rulemaking function of the Security Council in the sphere of counterterrorism. This research highlights a number of relevant problems that directly affect the ability to create antiterrorism norms by the Security Council: the limited number of states allowed in the process pf rulemaking; unilateral character of resolution passing; potential contradiction between the mandatory force of the decisions made by the Security Council with the general and fundamental principle of state sovereignty.

Keywords: antiterrorism law, international security, international agreements, international crime, UN Security Council, international terrorism, resolution, international community, UN, lawmaking

DOI: 10.7256/2454-0633.2015.3.66834

Keywords: antiterrorism law, international security, international agreements, international crime, UN Security Council, international terrorism, resolution, international community, UN, lawmaking

DOI: 10.7256/2454-0633.2016.3.20032

Abstract: The object of this research is the relations emerging in ensuring the rights of the migrant housewives. The author analyzes the international legal and national mechanisms of ensuring of the rights of migrant housewives, as well as determine the vulnerable aspects in the legal regulation of relations with their participation. Special attention is given to the international labor standards of provision of the rights of the migrant housewives, as well as foreign experience on this matter. The characteristic of housework, which define the complexity of providing the right of the female migrants, are being highlighted. The author explores the institutional mechanisms of ensuring the rights of the female migrants, as well as reveals the flaws of the normative regulation of labor relations. The international labor standards set the minimal volume of rights that musts me provided by each state. In the developed countries, the national mechanisms of ensuring the rights of the migrant housewives include the labor unions and public organizations of religious and cultural nature. The important guarantee of ensuring the rights of the female migrants is the developed by the labor unions typical labor agreement that stipulates the specificity of the housework.

Keywords: international organisation, national mechanism, discrimination, rights of children, rights of women, international labor standards, human rights, nongovernmental organisation, labor union, migration

DOI: 10.7256/2454-0633.2016.3.68164

DOI: 10.7256/2454-0633.2014.3.12857

DOI: 10.7256/2454-0633.2014.3.65437

Abstract: The global ageing of the population is one of the key modern challenges, requiring special attention of the global community. Analysis of the relevant Resolutions of the UN General Assembly in the last 30 years and of other international documents shows that the views of the organization on this problem and the proposed solutions and practical recommendations for its Member States have changed considerable. The object of studies involves conceptual approaches of the UN to the risks regarding global ageing of the population. Special attention is paid to the methods, which are employed by the UN in order to improve manageability of the processes involving regional and national implementation of the international strategies in the sphere of ageing. In order to achieve goals of the research the authors applied systemic, structural functional, formal logical, historical legal, comparative legal and other scientifi c methods. For the fi rst time the tendencies and changes in the UN strategy were studied in respect to a set of problems regarding objective ageing of the population at the global scale. It is shown that the modern transition into viewing the issues of global ageing solely through the prism of the human rights issues in the international organization involves a number of delayed risks, regarding the changes in the hierarchy of goals and accent on the growing number of current and local issues at the cost of the strategic goals. The authors analyze the situation in the sphere of practical implementation of the ideas on the formation of the global monitoring system regarding the position of the elderly people in the world and universal mechanisms for their protection, including the development of the new international legal treaty on support and protection of rights and dignity of the elderly persons, as provided for by the UN General Assembly Resolution 67/139.