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MAIN PAGE > Journal "International Law" > Contents of Issue № 02/2022
Contents of Issue № 02/2022
International courts
Nureeva L.R. - Ethical standards of conduct of the Prosecutor of the International Criminal Court. pp. 1-9

DOI:
10.25136/2644-5514.2022.2.37953

Abstract: The article examines normative documents that establish standards and requirements for ethical and professional behavior of prosecutors of the International Criminal Court. The history of the formation of the International Criminal Court is considered. The analysis of the procedural position of the prosecutor in the system of international justice is carried out. The requirements that persons recommended for appointment to the post of Prosecutor of the International Criminal Court should have are considered. The main ethical standards of behavior of the staff of the Office of the Prosecutor of the International Criminal Court have been identified. The main normative document of the International Criminal Court - the Rome Statute is considered. The main tasks and fundamental role of the Prosecutor's office in the investigation or prosecution of international crimes are investigated. The relevance of this work lies in the need to create a unified code regulating the ethical behavior of international prosecutors, as well as a strict selection of candidates appointed to the positions of international prosecutors. The rapidly changing situation in the world and in the system of international justice needs to update the previously existing requirements put forward to persons exercising international justice. The regulatory framework governing the activities of prosecutors is not so extensive. There are many areas of activity of persons exercising international justice where there are no normative standards of behavior, professionalism and independence. In the system of international justice, there is currently no specialized body regulating the activities and giving a legal assessment of the actions (inactions) of the Office of the Prosecutor.
International law and international organizations interaction
Kolobov R.Y., Ganeva E.O. - Features of legal protection of some World Natural Heritage sites in Bulgaria pp. 10-27

DOI:
10.25136/2644-5514.2022.2.37995

Abstract: The subject of the research in the framework of this article is the practice of Bulgaria's fulfillment of international obligations to protect such natural heritage sites as the Pirin National Park and the Srebyrna Nature Reserve. The features of the development of the ecological state of the specially protected natural territories under study are considered, the problems of their legal protection are identified, and the main measures that have allowed preventing the degradation of unique natural complexes, in particular, the application of the management plan for specially protected territories in the Republic of Bulgaria, are analyzed. The issues concerning the boundaries of the World Heritage sites under consideration and the procedure for their determination are investigated, the possibility of extending the buffer zone regime to the territories excluded from the World Heritage site Lake Baikal is assessed. The analysis of the experience of cooperation between the authorities of the Republic of Bulgaria and the World Heritage protection system in relation to the Pirin National Park and the Srebyrna Nature Reserve allows us to recognize the effectiveness of interaction between national and international means of nature protection. Using the comparative legal method of research, it is concluded that the positive experience of Bulgaria can be applied in solving the problems of protecting the World Heritage site Lake Baikal, including the establishment of a requirement at the level of law to prepare management plans. Based on the results of the analysis, the authors formulated recommendations for improving the domestic regulatory framework in the field of protection of World Heritage sites.
Development of separate branches of international public law
Kove O. - Activities of the International Maritime Organization in the field of maritime safety pp. 28-40

DOI:
10.25136/2644-5514.2022.2.37947

Abstract: The relevance of the study is due to the active activity of IMO in the field of ensuring the safety of navigation. The purpose of the study is to analyze this activity. Accordingly, the author analyzes the structure and objectives of the Organization, which are enshrined in the IMO Convention and considers the powers of the Maritime Safety Committee. The article also discusses current international legal acts adopted by IMO and regulating the range of issues related to the safety of maritime navigation. The subject of the study is the legal basis for the functioning of IMO in the field of ensuring the safety of maritime navigation. The object of the study is interstate relations in the field of international legal regulation of maritime safety. The methodological foundations of the research include general scientific and private scientific research methods, including: formal legal and comparative legal methods. The novelty of the research lies in the conclusions made by the author in the work. One of the main conclusions is the statement of the need to amend Article 15 of the IMO Convention in order to create for the Assembly the right to reject documents submitted by the Council. The author points to the need to expand the composition of the Council, through the adoption by States of amendments approved by Resolution A.1152 (32) of January 8, 2021. The peculiarity of some standards on the safety of maritime navigation adopted by IMO is the obligation of their implementation by all States. The author explains this fact for three reasons. Firstly, all IMO member States participate in the creation and amendment of international legal acts that enshrine standards of this kind, since they are part of the Maritime Safety Committee. Secondly, this approach excludes unequal conditions between States. Thirdly, it is aimed at reducing the number of States unwilling to adhere to the requirements established by maritime safety standards.
International law and national law
Anisimov I.O., Gulyaeva E.E. - The legislation of the Russian Federation in the field of language policy and international law pp. 41-57

DOI:
10.25136/2644-5514.2022.2.37681

Abstract: The subject of the study is the norms of the national law of the Russian Federation on the protection and preservation of languages, as well as the norms and principles of international law in this area. The object of the research of this article is the relations in the field of legal regulation of the protection and preservation of the languages of indigenous peoples and local communities. Based on comparative legal, formal legal and systematic research methods, the article presents an analysis of the legal foundations of language policy in Russia, as well as the provisions of international legal acts in the field of the protection of the languages of indigenous peoples and local communities, namely: the Declaration of Principles of International Cultural Cooperation of 1966, the UN Declaration on the Principles of International Law of 1970., The European Convention on Human Rights of 1950, the European Charter of Regional or National Minority Languages of 1992, as well as PACE resolutions and recommendations. The novelty of this study lies in the fact that the authors conducted a comprehensive analysis of the modern legal foundations of language policy in Russia. In the article, the authors consider in detail the concepts of "national minorities" and "cultural values" in accordance with the national legislation of the Russian Federation and international legal acts. The authors come to the conclusion that the Russian historical experience and modern practice of preserving the languages of national minorities, as well as the legal mechanism for the protection of languages provided for by the Constitution of the Russian Federation and other normative legal acts, in many ways surpasses the mechanism provided for by the European Charter. Thus, the exclusion of Russia from the Council of Europe will not negatively affect their protection and preservation within our state.
International courts
Smirnov V.V. - Actual problems of accountability and responsibility of officials of international judicial institutions pp. 58-69

DOI:
10.25136/2644-5514.2022.2.37945

Abstract: Currently, there are a number of problems of legal norms in the work of international judicial institutions, which are considered in this study. The object of scientific research is the legal basis for regulating the accountability and responsibility of officials of international courts and tribunals. The subject of the study is a general overview of the issues of accountability and responsibility of officials of international judicial institutions, and especially judges. The author examines in detail the existing problems of legal norms related to the above issues. The paper defines the terms "responsibility", "accountability", "official", examines the existing types of responsibility of officials of international justice bodies, procedures for bringing to justice. В  Accountability of officials of international judicial institutions is extremely important, since international courts and tribunals in their activities often exceed the powers provided for them, introduce new "norms" of international law that contradict generally recognized norms, and sometimes the Statutes of these institutions. The paper also presents options for possible solutions to problems, in particular, the author suggests working out a transparent legal mechanism for holding officials accountable, providing the general public with access to statistics on the effectiveness of judges of international courts and tribunals, and continuing to further improve the "transparency" of both the judicial process and all activities of international judicial institutions.
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