International Law and International Organizations

Abstract: In this article the issue of the relation between the UN Security Council and the ICJ it viewed from the point of view of the role of the SC under Art. 94 (2) of the UN Charter, voting in the SC on the project of the Resolution, devoted to enforcement of the decisions of the ICJ. The author also pays attention to the provisions of the Art. 94, 27 of the UN Charter due to the broader competence of the SC under Chapters VI and VII of the UN Charter. Finally, the author pays attention to application of Art. 94 (2) of the UN Charter, with due attention paid to the temporary provisional measures.

Keywords: international law, jurisprudence, UN, the ICJ, competence, execution, Security Council, the UN Charter

Abstract: This article is devoted to the complex of issues, related to the codification of Russian legislation in the sphere of international private law. The authors study historical and comparative aspects of codifications of the norms of international private law in Russia and in the foreign states. Much attention is devoted to retrospective and perspective analysis of methodology and key principles of codification of the modern international private law of Russia

Keywords: international law, law, state, codification, systematization, collision, norm, reference, connection, sphere

Abstract: The article includes general characteristics and comparative analysis of activities of regional international organizations in the sphere of ensuring foreign investment from political risks — AIECGC and the ICIEC, which were hardly analyzed in Russian legal literature. The author analyzes history of formation of these states, studies their constituent documents, compares their activities of the Multilateral Investment Guarantee Agency, which was formed under the Seoul Convention of 1985

Keywords: international law, insurance, investments, subrogation, risks, guarantees, compensation, MIGA, regional organizations, political risks

Abstract: This article is devoted to the issue of procedural effect of the Decisions of the ECHR, pays attention to various approaches of the legislator to the Criminal and Arbitration Procedural Codes of the Russian Federation, lack of mention of procedural consequences in the Civil Procedural Code of the Russian Federation. As the author points out, the procedural codes have blanks and gaps in this sphere, and the complete reflection of procedural consequences leads to greater level of protection of human rights by national means, so the author analyzes the issues on possibilities for a complex law on implementation of decisions of international bodies.

Keywords: international law, ECHR, implementation of the Decisions of the ECHR, newly found circumstances, reopening the cases, review of the decisions, which are already in force, protection of human rights, civil process, procedural effect.

Abstract: The article is devoted to place and roles of new actors in the global international world order. The author analyzes the topical issues of participation of legal entity entities and non-recognized states in the international relations.

Keywords: international law, subjects of international law, international legal personality, international legal recognition, legal entities in international law, non-recognized states, principles of international law, international judicial procedure, international protection of human rights, investment relations.

Abstract: One of the key problems for the Russian Federation is in the large number of complaints against it in the European Court of Human Rights. The ECHR has for a number of times pointed out the lack of effi cient means for protection of right for fair trial in the Russian Federation. Lately there’s a tendency for a larger number of complaints against our state, which is negative for its status in the global community. The article includes a conclusion that a large number of complaints regard fair trial, including the right to implementation of judicial decision, and the right for respect of property.

Keywords: international law, court, community, person, rights, legislation, prevention, complaint, violation, Convention.

Abstract: The article is devoted to the place and role of the ICJ as an administrative legal body for peaceful resolution of international disputes.

Keywords: Mezhdunarodnoe pravo, Mezhdunarodnyi sud, administrativno-pravovoi organ, organ pravosudiya, mezhdunarodno-pravovye spory, pasifikatsiya otnoshenii, mirovoe soobshchestvo, mirnoe razreshenie mezhdunarodnykh sporov, yuridicheskii kharakter spora, arbitrazhnoe razreshenie sporov.

DOI: 10.7256/2454-0633.2020.3.32505

Abstract: The subject of this research is the threat of use of force in the practice of interpretation of the International Court of Justice (ICJ). Special attention is paid to the analysis of formulations of court rulings regarding violations of the principle of non-use of force and threat of use of force. The practice of the ICJ on interpretation of the threat of use of force is directly tied to the practice of the Court on interpretation of the concept of use of force. The research explores rulings on interpretation of the threat of use of force in international law, dissenting opinions of judges, as well as position and arguments of sides. The work reflects the context of circumstances that served as the basis for Court’s decisions. In author’s opinion, major role is played by the circumstances contributing to the Court’s identification and interpretation of international law pertaining to the threat of use. This is first research within Russian doctrine dedicated to practice of interpretation of the threat of use of force in international law by the International Court of Justice. The conclusions reflected in this article allow fully formulate the Court’s stance on the threat of use of force.

Keywords: Nicaragua, UN Charter, Corfu channel, international Court of Justice, threat of use of force, cold war, Intervention, nuclear weapon, United Kingdom, Retail

DOI: 10.7256/2454-0633.2021.1.33424

Abstract: The international judicial process, which emerged only about a century ago, could not be constructed by a model different from the judicial processes within the states. However, the legal framework for such process is created upon the generally accepted principles and norms of international law by the sovereign states and expresses their common will. With proliferation of the international courts in the end of the XX century emerged the pressing issue of uniformity of the judicial process, particularly the norms that regulate selection and assessment of evidence that affect court rulings. The article also explores the questions associated with witness testimony. Attention is given to the aspects of distribution of burden of proof, as well as methods, forms, and standards of proving that exist within the international judicial process. Research is conducted on the documents regulating the work of the branches of international justice and the established case law. A claim is made that international courts function within the certain framework that is defined in their constitutive acts. The analysis carried out in the article reveals insufficient development of corresponding regulation. The author concludes that a judicial body in these conditions has freedom of action that is currently clearly evident in the work of the International Court of Justice and the International Tribunal for the Law of the Sea.

Keywords: selection of evidence, assessment of evidence, uniformity of the judicial process, proliferation of international courts, norms of international law, universally recognized principles, international judiciary, international legal process, freedom of action of the court, international law

DOI: 10.7256/2454-0633.2022.2.38405

Abstract: The subject of this article is the Melloni decision, which was rendered by the Grand Chamber of the Court of Justice of the European Union on February 26, 2013. The purpose of the work is to analyze this decision, which the modern Dutch researcher L. Besselink considers as determining the modern parameters of the conflict between EU law and the constitutional law of the member states. The article uses such methodological techniques as analysis and synthesis. The structure of the article reflects the circumstances of the case; the content of the preliminary request sent by the national Court; the sequential consideration of issues by the EU Court; as well as the subsequent decision of the Constitutional Court of Spain, which was made on the basis of the position of the Court. The article concludes that the "supremacy, unity and effectiveness" of EU law requires that the national court refuse to apply higher national standards in favor of acts of the Union, including those that do not have direct effect. By its nature, the decision of the EU Court of Justice is rather deaf in relation to the constitutional features of the member states. It is noted that the court should have adhered to a more compromise position taken in the case of Omega, Sayn-Wittgenstein and Filipiak. In general, this solution has great theoretical value for specialists studying EU law.

Keywords: constitutional law, constitutional court, constitutional identity, national identity, rule of law, supranationality, EU Court of Justice, European Union, EU law, court

DOI: 10.7256/2454-0633.2017.1.21543

Abstract: This article is dedicated to the analysis of standards of proof applicable to the pre-trial process in the proceedings in the International Criminal Court as an example the case «The Prosecutor v. Laurent Gbagbo». The author reviews the stages of preparation of the case for the trial stage: the beginning of the investigation, issuance of the arrest warrant, confirmation of charges. He raises questions about the ambiguity of the criteria per which the fact is contested in accordance with the required on a certain stage of the process standard of proof. The analysis and comparative analysis are the main methods of research. The article thoroughly analyzes the acts of the Pre-Trial Chamber in the case "The Prosecutor v. Laurent Gbagbo." The author concludes that used in the international criminal process standards of proof are ambiguous. Such standards require a precise definition, including formalization in the rules of procedure and evidence of the international courts and tribunals, content, minimal list of components that must be established by the court, so the fact can be considered proven in compliance of a specific standard of the proof. The regulation of the types of evidence necessary at one or another stage of the process is required

Keywords: International Criminal Court, international criminal tribunals, international criminal procedural law, international criminal justice, standards of proof, international criminal procedure, ICC, Laurent Gbagbo, Cote d'Ivoire, pre-trial stage

DOI: 10.7256/2454-0633.2017.1.68401

DOI: 10.7256/2454-0633.2022.1.37283

Abstract: This article notes that the grounded decision of any international court depends on the selection and evaluation of evidence and proof of witness, since the International Court of Justice delivers its judgment binding on sovereign states involved in the dispute. Unlike the national courts that strictly regulate the procedure for selection and evaluation of evidence by normative legal documents, the international courts have more freedom in this respect. From such perspective, considerable interest draws the International Court of Justice, which serves as a model for the establishment and operation of all other international judicial institutions. The author observes that the question of evidence gains particular importance due to the need for taking into account a vast array of natural scientific, economic and social data in the international disputes. In the selection of facts or other evidence pertaining to the case, emphasis is placed on correlation between the authority of the International Court of Justice and the countries involved in the dispute. The court, using its discretion, delivers a judgment for its own benefit. It is worth noting that although in recent years the Court focuses rather on the data analysis for convincing parties, the countries are inclined to accept it. With regards to the question of admissibility of the data, this is virtually an exclusive competence of the International Court of Justice.

Keywords: admissibility of forensic evidence, selection of forensic evidence, forensic evidence, the powers of the International Court of Justice, International Court, international legal proceedings, international litigation, international judicial institutions, international procedural law, UN

DOI: 10.7256/2454-0633.2020.1.31472

Abstract: This article reviews the new international criminal justice agencies jointly falling under the term “international mechanisms”: International Residual Mechanism for Criminal Tribunals, Residual Mechanism of Special Court for Sierra Leone, International Investigative Mechanism for Syria, and International Investigative Mechanism for Myanmar. Analysis is conducted on the legal nature of these institutions, primarily from the legal grounds of their establishment, competence, and some aspects of activity. Particular attention is paid to the legal position of the Russian Federation with regards to the indicated agencies. The research is carried out on the basis of analysis of constitutional documents of international mechanisms, resolutions of international organizations within the framework of which are created the corresponding institutions of international justice. The following conclusions were made: all “mechanisms” that are currently in force within international justice experience the deficit of legitimacy: methods and circumstances of their formation to one or another degree do not align with the existing norms of international law; there is a tendency to go beyond its scope of competence; the concept of the indicated mechanisms consists in the activity, which in essence represents a judicial and/or investigative activity implemented in both, “preceding” and “residual” forms. All of the aforementioned peculiarities do not deprive the indicated agencies of their judicial and investigative nature.

Keywords: UN Charter, United Nations, international legal position of Russia, violations of human rights, legitimacy of international courts, international mechanisms, criminal justice, international justice, UN Security Council, UN General Assembly

DOI: 10.7256/2454-0633.2018.2.25158

Abstract: The subject of this work is the analysis of aggression as an international offence and the possibility of realization of jurisdiction by the International Criminal Court (ICC) pertinent to this offense. Leaning on the doctrine of continuous crime, the author sets a goal to answer the question on potential expansion of ICC jurisdiction onto the offence of aggression after activation of such based on the Resolution ICC-ASP/16/Res.5. of the Assembly of State Parties of the ICC with regards to offences stipulated by the Article 8bis of the Rome Statute. A conclusion was made that aggression falls under the definition of continuous offences. Therefore, the author makes an assumption whereby with regards to the acts of aggression, the initial moment of which is preliminary to the Resolution ICC-ASP/16/Res.5, and the final moment is yet to occur, ICC in compliance with the conditions stipulated by the Article 2 of the indicated Resolution is legally qualified to exercise jurisdiction.

Keywords: continuing crimes, jurisdiction ratione temporis, imperative provision, universal jurisdiction, International Criminal Court, aggression, international offences, continuous crimes, military occupation, forced annexation

DOI: 10.7256/2454-0633.2016.1.17229

Abstract: The European Court of Justice was created to resolve legal disputes of the European Union Member States in order to ensure compliance and uniform interpretation of regulations, but with the passage of time, its role has been expanded. Analyzing court cases reviewed by the Court of Justice, the one can see that at some point of its activities, due to the absence of the Constitution, the Court has assumed the role of the legislator, has expanded allotted range of rights and obligations, thus becoming, institutional personal of unprecedented nature. The object of this article is to study the role of the EU Court of Justice in the development of EU law. The subject of research are the rules of EU law,Court decisions, also the author pay attention to the views of prominent Russian and foreign scientists in the field of European law. The methodology of this study are systematic methods, comparative legal and logical analysis. In this paper, the author analyzes the theoretical basis for the existence of this phenomenon in the modern world, and defines the role of the EU Court of Justice in the light of its contemporary judgments. The special contribution of the author in the research topics is the comparative analysis of the positions of authoritative scientists in relation to the actual role of the EU Court of Justice and the impact of its decisions on the establishment and functioning of the European Union as a whole; historical genesis and theoretical basis of the occurrence of this phenomenon, as well as the definition of "judicial activism" through the prism of the concept of judicial decisions of the Court of Justice.

DOI: 10.7256/2454-0633.2016.1.67447

Keywords: non-discrimination principle, court practice, human rights protection, rule of law interpretation, EU law principles, EU Court of Justice, European union, EU functioning, supremacy of law, direct effect

DOI: 10.7256/2454-0633.2022.3.38662

Abstract: In this article, the author investigated the legality and legitimacy of the African Criminal Court. Despite the immunity provision criticized by the international community, its legality is consistent with international law, while it cannot be argued that the African Criminal Court is an African "panacea" for combating impunity for serious international crimes. The initial support of the International Criminal Court by the African Union and its member States in the process of creation turned into strained relations after the indictment of the International Criminal Courts mainly against high-ranking African government officials. Contrary to many critics, the Malaba Protocol on the Establishment of the African Criminal Court satisfied the requirements of both legality and legitimacy as an international criminal court. Consequently, since the African Criminal Court and the International Criminal Court have joint jurisdiction over the most serious crimes of international concern, the harmonization of the African Criminal Court and the International Criminal Court on the basis of complementarity and cooperation will lead to the formation of a tandem to combat impunity for the most serious crimes affecting the international community. The article analyzes that, despite the tense relations, the coordinated work of the African Union and the International Criminal Court is necessary in the fight against impunity for the most serious crimes of international concern. The author comes to the conclusion that the African Criminal Court is not an African alternative, but an addition to the International Criminal Court.

Keywords: International Criminal Court, legality, human rights, Malabo Protocol, African Court, subsidiarity, African Criminal Court, cooperation, international crime, African Union

DOI: 10.7256/2454-0633.2015.1.13084

DOI: 10.7256/2454-0633.2015.1.65952

Abstract: This article reviews a number of legal measures aimed at the more effective international legal defense of the constitutional rights and liberties of individuals in Russia. The proposed measures pertain not only to the solutions of problems associated with improvements to the domestic mechanisms of protection of the human rights and liberties, but also improvements to the actual work of the European Court of Human Rights. The author suggests the following measures concerning the ECtHR: the improvements of the procedure of ECtHR in order to shorten the term of a trial; improvements to the structural branches and functions of the ECtHR itself; strengthening of the coordination and control mechanism of the European Convention on Human Rights; regular informing of the representatives various branches of Russia’s government authorities on the rulings of the ECtHR. The author also proposes a number of measures on a national level: specific measures on improving the work of different branches of the government of the Russian Federation; measures on improvements to the legislation and other normative acts that pertain to implementation of the ECtHR rulings.

Keywords: International law, national law, protection of human rights, constitutional right, legal defense, European Court, European Council, national legislation, case law.

DOI: 10.7256/2454-0633.2023.1.40047

Abstract: The experience of the International Court of Justice of the United Nations, the oldest existing international court, is extremely important for the development of international judicial procedure. One of the important elements is the practice of collecting and using evidence, which serve as the basis for a Court decision. The problem of recent years has been the problem of using digital (electronic) evidence, which can be any material that exists or is transmitted in the form of numbers. Its source can be a computer disk, stationary or mobile, USB drive, smartphone, the Internet. The digital proof may also have a graphical form in the form of a computer file or an email. The source of evidence may also be data obtained from satellites as a result of remote sensing of the Earth. There are no rules of customary international law concerning electronic evidence. It is logical to assume that the relevant regulation is adopted by each international court separately for itself in the form of its internal law or accepted practice. There are no rules in the Statute and Rules of the International Court of Justice that directly regulate the handling of digital evidence. The main task that the Court faces is to select such data that would allow it to make an effective and fair decision in accordance with international law. Since digital information can be on the Internet, and therefore be accessible to everyone, such information can be classified as publicly available, and therefore freely available. There are concerns that its use could make the trial uncertain. In our opinion, for digital data, the same conditions of treatment must be observed as with evidence in another form: deadlines, registration of copies, etc. The final word on the suitability of the submitted digital evidence is taken by the Court, taking into account the clarity of the image and information, the reliability of sources, etc.

Keywords: reliability of evidence, smartphone, computer disks, experts, witnesses, digital information, international trial, evidence, Internet, international legal regulation

DOI: 10.7256/2454-0633.2019.2.30166

Abstract: The goal of this research is the analysis of the practice of the European Court of Human Rights on the use of human genome information and biomaterials. In the course of the study, the author describes the three category associated with determination of requirements to collection, utilization, and storage of human biomaterials. The article examines the question of observance the respondent governments of civil rights in the area of obtaining person’s agreement for donation of tissue and organs right after death along with the agreement of his immediate family, agreement for collection and utilization of DNA materials in establishment of natural relation of people, scientific research on the topic, as well as ensuring confidentiality of genome information about a person. The author reviews the question of developing differentiation approach towards the collection and storage of genetic information and samples with regards to persons convicted of crimes depending on their degree, as well as persons whose criminal prosecution ended in acquittal or dismissal of charges. The main conclusions lies in determination of general trends and rules applied by the European Court of Human Rights in hearing of complaints with regards to collection, utilization and storage of human genetic information and biomaterials. It is noted the despite the affiliation of the examined legislation to a particular state, it corresponds with the key regulations of international acts in the area of respecting human and civil rights to personal and private life, justly balancing private and public interests.

Keywords: human biomaterial, genetic information, genome, human rights, balance of interests, national legislation, protection of human rights, DNA, consent, confidentiality

DOI: 10.7256/2454-0633.2019.4.31876

Abstract: This article is dedicated to examination of the questions of bioethics and biomedicine in the context of protection of the right to respect for one's private and family life in practice of the European Court of Human Rights. The author explores the international legal regulation of the questions of bioethics and biomedicine, practice of the European Court of Human Rights within the framework of the Article 8 of Convention on the Protection of Human Rights and Fundamental Freedoms with regards to the topic, potential implementation of the corresponding norms and legal provisions in the Russian juridical practice. The conclusion is made on applicability of the Article 8 8 of Convention on the Protection of Human Rights and Fundamental Freedoms to particular problems related to the sphere of bioethics and biomedicine, including the use of the assisted reproductive technologies and transplanting. The author analyzes the problem of demarcation between private and family life in the context of the protection of rights relating to bioethics and biomedicine, and the corresponding criteria formulated by the European Court on Human Rights. The conducted research claims the possibility of government’s interference into the right to respect of one’s private and family life within the framework of the sphere of bioethics and biomedicine in accordance with the general criteria of its admissibility; dedicating particular attention to determination of boundaries of the margin of state discretion; and finding the balance of interests among various entities.

Keywords: human rights, legal position, origin of the child, Oviedo Convention, reproductive right, privacy, family life, private life, biomedicine, bioethics

Abstract: The article is devoted to the topical goals for the UNO in the XXI century. These goals refl ect the achievements of the global community, that is: fi rstly, the sustainable system of criminal justice, which should become the central element for the structure of supremacy of law; secondly, recognition of the central role of the criminal justice in the development issues; and thirdly, the necessity of the all-inclusive approach towards the reform of the criminal justice system in order to make it more effi cient in fi ghting crime. The UN Member States should evaluate the possibility of introduction of the ruling principles and standards into the national legislation, and if necessary they should guarantee the application to of main principles, as refl ected in the General Principles of application of the programs for the restitution justice in the sphere of criminal justice.

Keywords: international law, Congress, criminal, justice, system, principles, standards, restitution, justice, processes.

DOI: 10.7256/2454-0633.2017.3.23845

Abstract: The subject of this research is the facts of misuse by the investors of protection mechanisms embodied in international agreements in the course of resolving disputes with the foreign states. The article analyzes the expert and scientific approaches towards the practice of changes in organizational structure of transnational corporations, provides examples of the investors’ unscrupulous actions, as well as describes the forms of organizational planning of corporations for the purpose of initiating the international arbitration proceeding against the state. Accent is made on the arguments against the unethical restructuring of the investor’s corporations with the sole objective of initiating of a judicial proceeding against foreign state. The main conclusion of the conducted research lies in the author’s statement that the misuse of procedural protection mechanisms by the investors in disputes with the foreign states creates an actual threat to sustainability of the existing regime of dispute resolution between the state and investor. The lack of admissible solutions in the nearest future inevitable leads to the worsening of the established situation. Many of the developing countries begin to express doubts in objectiveness of the international investment courts, thus, explaining their desire to exit the Washington Convention of 1965. Such situation can negatively affect the overall development of the international investment law. The author’s special contribution into the research of this topic consists in the recommendations of reforming the system of international investment law.

Keywords: misuse of proceeding, international arbitration, corporate planning, bilateral investment agreement, international investment tribunal, international investment law, investment, investor, treaty shopping, denial of benefits

DOI: 10.7256/2454-0633.2019.4.29394

Abstract: Public international law and private international law represent two different legal systems. Their interrelation is traced in the practice of two reputable international courts – the Permanent Court of International Justice and the International Court of Justice. The author highlights the four most distinct cases of reference of international courts to the private international law: when there is a lacunae in the public international law, which may be filled through reference to the private international law; when the parties request the Court to fall back upon interpretation of the agreement on private international law prior to resolving the issue of public international law; when the public-legal principles and responsibilities of the parties derive directly from the domestic legislative acts regulating the private-legal questions; when the Court is asked to establish whether or not the execution of national legislation violates the norms of public international law.

Keywords: international judicial practice, comparative law, national law, UN, international justice, International Court, international courts, international judicial system, international private law, international public law

DOI: 10.7256/2454-0633.2014.1.11556

DOI: 10.7256/2454-0633.2014.1.64078

Abstract: The article concerns various aspects of the legal status of a crime victim in the international criminal process. It is stated that both the norms on victims and the norms of witnesses should apply to the definition of such a status. These issues are regarded in two dimensions: a victim as a witness in the International Criminal Court and the victim as a witness in the international criminal ad hoc tribunals (such as the ICTY). The author considers that specific features of international crime and international criminal tribunals (such as the geographical distance between the place, where the crime was committed, and the place where the process is held, gravity of a crime, possible continuation of mass repressions and absence of international police forces, require the higher threshold of protection of witnesses, which is especially important in the international criminal process. The author also states that the witness protection measures should be combined with the right of an accused to fair trial, especially concerning public open character of a judicial process. Sometimes the protective measures contravene this principles (specifically, when the hearings are closed). Finally, the author notes that the complicated character of protection of victims providing testimony as witnesses is also due to the fact that both the norms regarding victims and norms on witnesses apply to them.

Keywords: international law, crime victim, international criminal process, international criminal tribunals, judicial proceedings, international criminal court, defense, accusation, witness, victim.

DOI: 10.7256/2454-0633.2017.3.23945

Abstract: The subject of this research is the legal issues associated with countries’ secession from the Rome Statute of the International Criminal Court. Special attention is given to the analysis of decision of the Russian Federation adopted on November 16, 2016 not to become a party to such international agreement. The task of this work consists in determination of the formal and actual motives of the made decision, legal obligations of Russia in the period between ratification and abrogation under the Statute of International Criminal Court, as well as legal consequences of such decision. Due to the fact that the Decree of the President of the Russian Federation indicates the motives of the adopted decision, the article makes an attempt to identify these motives using the method of analysis, primarily of practice of the International Criminal Court with regards to the sitututations that directly affect the national interests of Russia. The article is first within the national scientific literature to suggest a comprehensive answer to the question about Russia’s motives for not becoming a party to the Statute of the Rome International Criminal Court. The author highlights the four groups of motives: socio-philosophical; fundamental legal; general causes associated with the activity of the International Criminal Court; and reasons associated with the situations that have direct application to the Russian Federation. Analysis of the indicated motives demonstrates that the adopted decision to withdraw from the Rome Statute of International Criminal Court fully and justifiably meets the national interests of the Russian Federation.

Keywords: implementation of law, international criminal justice, international justice, law of treaties, withdrawal from treaty, International Criminal Court, international criminal law, jurisdiction, international courts, legal reasoning

DOI: 10.7256/2454-0633.2014.1.11593

DOI: 10.7256/2454-0633.2014.1.64079

Abstract: The article is devoted to the activities of the International Criminal Courts, some aspects of its activities, judicial proceedings and efficiency. The author considers that currently the ICC is a large and influential judicial body, and it has a range of unique features. One of such features is presence of a Prosecutor, and such a position is not present in any other international court. The Prosecutor implements the legal framework of the Roman Statute as well as The Rules of Procedure and Evidence in order to guarantee the most efficient development of the investigation and judicial proceedings of the ICC cases, as well as to other working methods. The immediate task of the Prosecutor is to guarantee justice and efficiency throughout the spheres of work of the ICC. The ICC probably would not be capable of working without the Prosecutor and his Office. The author pays attention to a defect influencing the efficiency of the ICC activities concerning hardships in collection of evidence and investigation on mass crimes.

Keywords: international law, international court, the UN, efficiency, judicial proceedings, history, Prosecutor, judicial decision, precedent, process.

DOI: 10.7256/2454-0633.2023.4.43821

Abstract: The article analyzes the historical prerequisites for the development of the concept of the parties as participants in the international criminal process. The analysis of the documents of the Ministry of Internal Affairs, ICTY, ICTR, ICC confirms the thesis that the main parties in the international criminal process are the prosecution and defense. In the model of the international criminal process, the classical approach to the understanding of competition is adopted. There is a structural evolution of the foundations of this approach, the Rome Statute of the ICC defined the rights and obligations of the victims and the third party. The purpose of the study is to consider and resolve problematic aspects of the legal status of the parties in international criminal proceedings. Based on the tasks and goals set, the author has chosen the methodological basis of the study. General scientific methods of cognition are used: analysis, synthesis, analogy, deduction, induction. The author actively applied the formal legal method. The scientific novelty of the study is to reflect the holistic criminal procedural characteristics of the parties to the defense, prosecution, victims, as well as third parties as participants in criminal proceedings in international criminal proceedings. Analyzing the current structural evolution of the model of international criminal procedure, it is possible not only to predict the further expansion of the functionality of the parties, but also to observe the crystallization of the status of a third party. This course of evolution of the international criminal process demonstrates the probable direction of the development of the theory of parties in the science of criminal procedure.

Keywords: prosecution, witness, victim, ICC, ICTR, International Criminal Justice, ICTY, International Military Tribunal, defense, third party

DOI: 10.7256/2454-0633.2013.1.62414

Abstract: The article shows the role of the International Court of Justice (the ICJ) in the maintaining international legal order. The article includes the historic analysis of the institution of a universal judicial body. The author studies the characteristics of this judicial body, which make it the most influential element within the system of maintaining the legal order and compliance with the international law. The author compares it with the arbitration, evaluates the nature of the international legal dispute, the principle of supremacy of law, as well as good faith and compliance with the international legal obligations within the domestic legal order. The article includes analysis of various characteristic features of the ICJ as an international judicial body in comparison with the national judicial bodies of the states. The author also analyzes some aspects of judicial procedure, definitions of rule of law and universal legal order, as well as the key elements and characteristic features of the universal legal order.

Keywords: international legal order, the International Court of Justice of the UN, rule of law, legal order, good faith principle, arbitration, justice, international obligation, the dispute between the states, jurisdiction

DOI: 10.7256/2454-0633.2014.1.11622

DOI: 10.7256/2454-0633.2014.1.64080

Abstract: Ways and methods used by ITLOS in the process of interpretation of the law of sea are discussed in the article. ITLOS elaborated a number of rules, in particular, those concerning grounds for detention of foreign vessels in the EEZ, correlation between municipal law and international law, bond or other financial security, question of confiscation, connection between the ship and the flag state. The ITLOS case law is analyzed. Author studies such cases as Juno Trader” “Saiga” “Hoshinmaru” and others. Particular topics that are subject of the study are: Grounds for detention of foreign vessels in the exclusive economic zone; bond or other financial security as well as the question of confiscation (of the haul in fisheries cases for exemple); and finally the questions of the connection between the ship and the flag state.

Keywords: ITLOS, the flag state, the ship state, financial security, grounds for detention, foreign vessels, municipal law, and international law, law of sea, Saiga.

DOI: 10.7256/2454-0633.2022.4.39399

Abstract: This article is devoted to the analysis of the "Final Report of the independent expert Examination", from the point of view of the issues of supervision of the activities of the International Criminal Court. The subject of this study is an overview of the "Final Report of an Independent Expert Examination" as a form of supervision of the activities of the International Criminal Court (hereinafter the ICC). In the course of the study, the method of system analysis was used, which made it possible to analyze the provisions of the report under consideration, in relation to the activities of the ICC. General scientific research methods were also applied: dialectical method, deductive method, comparative method, in which the general provisions of the report under consideration were analyzed first, and then comparison with other international organizations was carried out. The author consistently analyzes the problems that the experts highlighted in the report, as well as the recommendations that were given to improve the activities of the international judicial organization. Particular attention is paid to the analysis of recommendations related to the management model of the International Criminal Court, conflict of interest, as well as to improving the reporting system. The paper concludes that the changes proposed by experts are important for the entire international criminal justice system. The scientific novelty of the work is as follows: system proposals that can improve the activities of the ICC, as well as the work of the entire system of international criminal courts and tribunals, are considered and analyzed.

Keywords: conflict of interests, Final Report, international organization, control mechanisms, international judicial institutions, Assembly of States Parties, supervision of the activities, Report of the ICC, International Criminal Court, International Criminal Justice

DOI: 10.7256/2454-0633.2013.1.62415

Abstract: The EurAsEC Court is to find its place within the existing system of international judicial bodies, and its status within its system is of key value for the efficiency of integration and the international authority of the EurAsEC. The EurAsEC Court should take efforts to support its status of the supranational judicial body of the Community, it should use its implied and inalienable powers and stress the relation of the legislation of the integration community with the international law, to which it belongs. An important factor in support of the authority of the Court is an efficient protection of the rights and interests of economic entities.

Keywords: international law, the Court, Eurasian Economic, Community, justice, system, economic, rights, human.

Abstract: The constituent instruments of the international judicial bodies of the WTO provide for the judicial procedure in general, as well as to the basic rights and freedoms of the participants of the procedure. In practical work these bodies do not limit themselves to these documents, and they actively use implied and inalienable powers. The value of their decisions on procedural issues often goes beyond the technical need to resolve the dispute. The procedural decisions of the international judicial bodies are capable of and should be able to provide for greater effi ciency of justice in general.

Keywords: international law, competence, inalienable, justice, WTO, IJB, amicus curiae, brief

Abstract: The article is devoted to the legal nature of one of the key institutions of the international procedural law, that is, the prescription of temporary protective measures. The author analyzes the existing judicial practice on this issue, taking the International Tribunal for the Law of the Sea as an example. The author points out the role of the UN Convention on Maritime Law of 1982 in the resolution of international disputes.

Keywords: international law, international procedural law, international maritime law, temporary measures of legal protection, the UN Convention on Maritime Law, the Permanent Chamber of International Justice, the International Tribunal on Maritime Law, peaceful resolution of international disputes, international judicial institutions, international arbitration.

Abstract: This article treats the question of cooperation between judicial bodies of EU member States and judicial bodies of European Union. The author considers that a preliminary ruling is a mechanism of direct and intense cooperation between the courts of a European Union member States and EU Court of justice. The author also points out the indirect ways of cooperation between these judicial bodies, which is accomplished by infl uence of a case law of Court of Justice of the European Union on judicial bodies of EU Member States.

Keywords: European Union, Court of Justice of the European Union, judicial bodies of EU Member States, preliminary ruling, case law, case, European law, direct cooperation, indirect cooperation

DOI: 10.7256/2454-0633.2015.2.14852

Abstract: This article reviews the issue of implementation of the decisions of the European Court of Human Rights (ECtHR) by restoration to the condition prior to the violation (restitutio in integrum). The subject for research of this issue became the denial of the Russian courts to re-examine the case of Olga Kudeshkina in light of new circumstances after the acknowledgement of violation of the European Convention on Human Rights. This case brings back the question of the “level” of state’s discretion in determining the methods of restoration of the rights of the claimant. This article examines the norms of the Russian law that determine the status of decisions of the European Court of Human Rights, as well the approach of the European Court itself towards the proper execution of its decisions. Based on the analysis of the circumstances in the case of Kudeshkina v. Russia 1 and the legal positions of the European ECtHR in the case of Kudeshkina v. Russia 2, a critical assessment is made on the possibility of a review of court acts now having a legal power due to the decision of the ECtHR. The author notes that the execution of the ECtHR decisions addresses the most problematic area of the convention – correlation of the authority of the European Court with the national sovereignty of the member-states of the European Council.

Keywords: European Convention on Human Rights, execution of judgments, unlawful dismissal, appeal of a court’s decision, Kudeshkina v. Russia, European court of human rights, Committee of Ministers, freedom of expession, restitutio in integrum, violation of rights

DOI: 10.7256/2454-0633.2015.2.66479

DOI: 10.7256/2454-0633.2015.2.15108

Abstract: The subject of this research is the work of ICC International Court of Arbitration and the possibility of Russia’s participation. The author believes that until now the issues related to the work of International Court of Arbitration (authority, regulation, procedures and timeframes for reviewing and rendering decisions, especially on arguments caused by obligations in major deals) have not been sufficiently researched. The author thinks that the work of International Court of Arbitration is certainly aimed at increasing efficiency of international arbitral proceedings, which is very important under the conditions of providing higher protection of rights of participants of the process, regardless of any possible economic sanctions. It is noted that the new rules of arbitration of the International Court of Arbitration from January 1, 2012 (rev. 2015) allows the participants of the use of languages in the arbitral process including English, German, French, Spanish, and Russian, underlining the priority of international law above any political and economic conjunctures.

Keywords: international arbitral precedent, Russia, execution, decision , international contract, new regulation, ICC, authority, regulations, procedure

DOI: 10.7256/2454-0633.2015.2.66480

Keywords: international arbitral precedent, Russia, execution, decision, international contract, new regulation, ICC, authority, regulations, procedure

DOI: 10.7256/2454-0633.2013.2.62779

Abstract: The article is devoted to the value of the International Court of Justice as a key judicial body of the UN. The author studies its characteristics, which make the ICJ the most valuable element I the sphere of protection of international legal order and compliance with the international law. The author compares it with the arbitration bodies, he studies the nature of international legal disputes of political character, their legalization by court examination. The author studies various qualities of the ICJ as an international judicial body, and compares it with the national judicial bodies, he evaluates various aspects of judicial procedure., as well as definitions of legality and universal legal order, including its elements and characteristic features.

Keywords: international law, the ICJ, legality, legal order, good faith principle, arbitration, justice, international obligation, the dispute among the states, court jurisdiction.

DOI: 10.7256/2454-0633.2016.2.16851

Abstract: The paper reveals the parameters of the international legal position of the Russian Federation in the universal system of international criminal justice. Within the stated commitment of the Russian Federation, the Rule of Law Rule of Law (Declaration of Millennium 2000., World Summit Outcome, 2005). According to international legal significance of involvement of the Russian state, a permanent member of the Security Council of the United Nations in the global process in the maintenance of international law and order. Taking into account the role of the designated law of international judicial institutions as the authorities to ensure the rights in the work place is detected, the role and importance of involvement of the Russian Federation in the case of the maintenance of international justice in general and the international criminal justice system in particular. The general parameters of involvement of the International Court of the United Nations as the principal judicial organ of the United Nations (Article 92 of the UN Charter) and the International Criminal Court in its capacity as the body of international criminal justice in the taped format institutsionno- legal contribution of the Russian Federation in the mode of maintaining the rule of law Rule of Law in international relations. In this aspect, ensuring international justice in all aspects of its actual legal significance is indicated as a consistent foreign policy of the Russian Federation.

Keywords: Human rights, Criminal justice , International cooperation, International protection, International Criminal Court, Legal regulation, International law, International criminal justice , Universal system, Russian Federation

DOI: 10.7256/2454-0633.2016.2.67881

Keywords: Human rights, Criminal justice, International cooperation, International protection, International Criminal Court, Legal regulation, International law, International criminal justice, Universal system, Russian Federation

DOI: 10.7256/2454-0633.2014.2.11872

DOI: 10.7256/2454-0633.2014.2.64987

Abstract: The article concerns specifi c features of application of the norm on exhaustion of domestic legal remedies in the sphere of human rights. The author evaluates the activities of various supranational and international judicial bodies. Special attention is paid to the judicial practice of the European Court of Human Rights. The author studies specifi c issues regarding the nature of exhaustion of local legal remedies, the issues of amount of exhaustion of such domestic legal remedies and the goals of this rule in the international law. Having provided the analysis of the practice of the European Court of Human Rights, the European Commission of Human Rights and other human rights institutions, the author draws a conclusion that in the process of implementation of the rule for the exhaustion of domestic legal remedies, there is an established balance between the natural persons addressing these bodies and respondent states. This balance allows for the guarantees of stability of international legal order on one hand, while on the other hand they are aimed at guaranteeing rights and lawful interests of a person.

Keywords: international law, European law, the Council of Europe, the European Court of Human Rights, judicial practice, judicial protection, domestic legal order, international courts, national courts, legal protection.

DOI: 10.7256/2454-0633.2014.2.11699

DOI: 10.7256/2454-0633.2014.2.64986

Abstract: The article concerns the issues of compensation of harm to the victims of international crime by international criminal tribunals (by the International Criminal Court and the ad hoc criminal tribunals. The author also evaluates activities and functions of the Trust Fund of the International Criminal Court in the interests of victims of crimes within the scope of jurisdiction of the ICC. The author states that there is basically universal agreement regarding the fact that the victims of grave international crime have a right for the compensation of harm. However, the attitudes of the ICC and the ad hoc criminal tribunals to the compensation issues differs. The currently active international criminal tribunals ad hoc do not make resolution on compensation to the victims. The tribunals cannot provide compensation for the victims and do not provide proprietary restitution. The International Criminal Court is capable of provision of compensation to the victims, so it does have a somewhat civil law approach to compensation. The court may decide on the compensation issues, and the victims have a right to take part in the process in respect of compensation issues.

Keywords: international law, criminal law, international criminal court, international criminal tribunals, the Trust Fund, harm, victim, compensation, retribution, reparation.

DOI: 10.7256/2454-0633.2014.2.11623

DOI: 10.7256/2454-0633.2014.2.64985

Abstract: ITLOS case study shows that it strongly contributed to the development of the international law of the sea. Author considers such cases that allowed ITLOS to contribute to the provisions regarding preservation and protection of the marine environment, delimitation of the maritime boundary and responsibilities of the States. The author affi rms that Tribunal contributed to progressive development of the law of the See. In its practical activity ITLOS has already made much for the development of the international law of the sea, especially in determination of those institutes and concepts, which were not clearly enough provided for in the Convention. The most demonstrative in this respect is the realization of the competence of prompt release of vessels which is quite new for judicial procedure. In realizing this competence ITLOS had to interpret and concretize many articles of the Convention, especially as to the grounds for detention of foreign vessels in the EEZ and other areas of national jurisdiction; cleared up such an important rule of national law as the amount of fi nancial security for a release of a ship: the rule is borne by international law and being common for many national systems became actually a general principle of law.

Keywords: ITLOS, process verbal, acquiescence, marine environment, delimitation, responsibilities, Convention, Contribution, provisions regarding preservation, protection.

DOI: 10.7256/2454-0633.2014.2.11599

DOI: 10.7256/2454-0633.2014.2.64983

Abstract: The article concerns mixed criminal tribunals, which in the opinion of the author represent the third generation criminal tribunals. The author studies the history of formation of the classic international criminal courts. The mixed (“hybrid”, “internationalized”) tribunals are the institutions, combining international legal institutions and the judicial institutions of the state, where the relevant crimes were committed. These tribunals involve foreign (they are often called international) and national judges, and their statutes also include norms of both national and international law. The author considers that the primary cause for the formation of mixed criminal tribunals is inefficiency of both national and international criminal tribunals in the investigation of international crimes. The mixed tribunals represent a rather f lexible form for guaranteeing due responsibility in the cases, when no other matters may achieve results. They are rather f lexible and they may work with various criminal defendants and various criminal acts.

Keywords: international law, criminal law, national law, judicial system, mixed court, national court, international court, efficiency, hybrid, international crimes.

DOI: 10.7256/2454-0633.2014.3.11598

DOI: 10.7256/2454-0633.2014.3.65439

Abstract: The author deals with the issue of preservation of the international peace with the help of the international bodies making obligatory decisions – international courts. The author studies the causes for the growing interest to this form of resolution of the international disputes: globalization, pacifi cation, etc. The author studies certain aspects of the judicial activities, which have became especially attractive, causing development of the judicial forms of international dispute resolution in the modern world. The author provides a classifi cation of the international judicial bodies, discussing their various categories, studying some aspects of the genesis of the international court. The author provides an example of the situation, when an international confl ict was resolved by this court (the dispute between Honduras and Nicaragua regarding activities of the armed groups in from the Honduras territory against Nicaragua). The author draws a conclusion that the true role of the international judicial procedures involves guarantees of the supremacy of law. Supremacy of law in the international relations requires formation of an unifi ed global legal order, which would provide every sovereign state with the freedom of actions within the framework of the generally recognized legal principles and norms.

Keywords: International law, international court, judicial procedure, judicial precedent, judicial practice, decision, codifi cation, international dispute, development of law, the UNO.

DOI: 10.7256/2454-0633.2016.4.20844

Abstract: The subject of this research is the views of the Russian and foreign community upon the International Criminal Tribunal for the former Yugoslavia (ICTY). The authors analyze the problematic aspects of its activity of legal and political character. The article examines the contribution of the Tribunal into the development of international criminal law and procedure, participation of the Tribunal in post-conflict reconciliation in the Balkans, involvement of ICTY in the integration process of the countries of Western Balkans into the European Union, as well as such issues as complication of processes and remoteness of the Tribunal from the Western Balkan countries. The main method of this research lies in comparison of the Russian and foreign communities during the International Criminal Tribunal for the former Yugoslavia. The ICTY experience allows determining the key problems in the area on international criminal justice and the ways for their solution. The analysis of the views of Russian and foreign experts demonstrates that the negative sides of the international criminal processes must be considered by international community in establishment of similar institutions in future.

Keywords: international humanitarian law, United Nations, experts opinion, tribunals, international criminal justice, ICTY, International Criminal Law, international community, post-conflict resolution, Western Balkans

DOI: 10.7256/2454-0633.2016.4.68444

DOI: 10.7256/2454-0633.2014.3.65440

Abstract: The article concerns the acts regulating the judicial procedures in various international criminal tribunals, as well as the doctrine regarding the issues of victims in the international criminal process. The documents regulating the international criminal process have no special defi nition of a person, to whom a crime has caused damage. It is impossible to wholly apply the defi nition applicable in the national criminal law, since in the international criminal tribunal victims are often rather large groups of persons. For the purposes of the criminal process, it is also impossible to recognize a legal entity as a victim. The author also considers that it is hardly plausible to recognize groups (collectives) of persons as victims. The practices of the ad hoc tribunals shows that in the course of the investigation they take into account the special needs of certain types of victims. It is due to the fact that the Statute and the Regulations involve various provisions obliging the Court to take into account the interests and personal situations of the victims. As a result, the author provides a classifi cation of victims (children, victims of sexual crimes, etc.).

Keywords: International law, international criminal process, international criminal tribunal, collective victim, legal entity, international criminal court, victim, classifi cation, national judicial procedures, victim of a crime.

DOI: 10.7256/2454-0633.2014.3.65442

Abstract: The hybrid (mixed) tribunals are bodies of international criminal justice, activities and competence of which are regulated with the combination of national and international norms. Internationalized national criminal courts form a type of mixed courts, and they are understood as national courts having jurisdiction over the cases involving international crimes. The international judges and national judges are both involved in the work of these courts. The said matter makes the mixed courts different from the international criminal ad hoc tribunals for the former Yugoslavia and Rwanda. After several years of work of the ad hoc tribunals, there came up discussions on their formation in Sierra-Leone, Burundi, Congo, East Timor, Cambodia, etc. It showed that the international community has found the political will for solving these problems, and it also showed the quest of certain persons and whole nations for justice. The article concerns specific features of formation and work of the mixed courts and tribunals in the above-mentioned states.

Keywords: Hybrid (mixed) courts, tribunals, Sierra-Leone, Burundi, Congo, East Timor, Charter, judicial proceedings, criminal indictment, judicial chamber.

DOI: 10.7256/2454-0633.2015.4.16185

Abstract: This article is dedicated to the issue of protection of human rights and the ability to implement the act of state doctrine in the cases of gross and systematic violations of human rights. The analysis of the act of state doctrine is conducted within historical retrospect, as well as within modern international and national legal precedent of foreign countries. The author determines the criterion for attribution of internationally wrongful actions of individuals and groups thereof towards one or another state. A special attention is given to the Draft Articles on Responsibility of States for Internationally Wrongful Acts of the international law commission (2001). The article analyzes the opinions of the leading international jurists and the legal positions of the judges of the International Court of Justice. The goal of this research is to determine the parameters of the applicability of the doctrine of the state act within the framework of the international legal system of human rights protection.This research is based on a combination of specific historical, comparative-legal, formal-legal and political-legal methods.The main conclusions of the research are the following: 1) the inadmissibility of the use of the act of state doctrine to justify gross and systematic violations of human rights, including in times of armed conflicts; 2) the complementary role of national courts in applying international standards on the protection of human rights; 3) international lawmaking is an effective mechanism of the system of protection of human rights at both, the universal and regional levels. The scientific novelty of this research is that the issue of the act of state doctrine in the context of the international protection of human rights is comprehensively addressed for the first time in the Russian doctrine of international law.

Keywords: human rights violations, International Law Commission, European Convention, ICTY, International Court of Justice, human rights, doctrine of state act, attribution, imputability, UN

DOI: 10.7256/2454-0633.2015.4.67249

Keywords: attribution, human rights, doctrine of state act, International Court of Justice, ICTY, European Convention, International Law Commission, human rights violations, imputability, UN

DOI: 10.7256/2454-0633.2014.4.11597

DOI: 10.7256/2454-0633.2014.4.65694

Abstract: This article reviews the genesis of the establishment of international criminal courts, as well as the question of universal jurisdiction. Research is conducted on the example of criminal prosecution of Augusto Pinochet in Spain and United Kingdom. The author states that international criminal courts are a product of modern times. They emerged in the last decade of the 20th century, and are founded on the determination of the entire humanity to ensure that severe and mass violations of human rights do not go unpunished. This was infl uenced by the humanistic values, when norms of international criminal laws developed as a part of international legal system. The tendency to create special criminal courts for criminals acting on behalf of governments has coincided with the spreading and progression of the idea of universal jurisdiction. The classic international law regulated the relations only between nations; the modern international law however, deeply intervenes into the internal affairs. The problem of inability of the national courts to prosecute persons who have committed crimes justifi ed the need to establish international criminal trial.

Keywords: International law, criminal trial, criminal court, universal jurisdiction, Augusto Pinochet, UN, Darfur.

DOI: 10.7256/2454-0633.2014.4.11700

DOI: 10.7256/2454-0633.2014.4.65695

Abstract: This article examines the various aspects and norms of international law on reparation of the victims who suffered losses from the crimes in international criminal law. The following questions are addressed: forms of reparations (restitution and compensation); content of the law on reparation in international law (who is obligated to provide reparations and which form of reparations has to be used); documents on the reparations of general international law. The article reviews court rulings of various international tribunals on the issues of reparations to the victims who suffered from the actions of a particular country. Both, the universal and European laws are examined (law of the Council of Europe and European Union). The author underlines that the most advanced norms regarding reparations are in the legal documents created within inter-American and European legislations on protection of human rights. Experience beyond these two systems demonstrates that victims of mass and major violations of human rights are not only left without any reparations, but this issue is not even being considered.

Keywords: International law, European law, fair compensation, reparation, restitution, damages, victim.

DOI: 10.7256/2454-0633.2014.4.12303

DOI: 10.7256/2454-0633.2014.4.65696

Abstract: The dissolution of the Socialist Federal Republic of Yugoslavia in the early 1990’s was unfortunately followed by a fi erce armed confl ict, instances of ethnic cleansing, war crimes and genocide. In 1993 the UN initiated the establishing of the International Criminal Tribunal for the former Yugoslavia, which was the result of their reaction to the events that took place in the country. The author provides detailed analysis of the stages preceding the establishment of the tribunal, because precisely at that time the politico-legal understanding of the Yugoslavian events was being developed. A special attention is given to the evaluation of the role of the UN Security Council in establishing the tribunal, as well as the socio-political issues of this political body of UN being involved in the forming of the international criminal tribunal. Reviewing the results of the tribunal’s work over the years, the author gives an assessment of its activity.