Recommendatory acts and decisions of international bodies, acts of international conferences. Acts of bodies of international organizations - sources of international law Information about changes
In the Russian Federation, there is not yet a general legal mechanism for the implementation of international law norms, enshrined in the form of acts of bodies of international organizations. Part 4 art. 15 of the Constitution of the Russian Federation is designed mainly for international treaties. The implementation of acts of bodies of international organizations is of a “one-time” nature and is carried out at all levels and in all spheres of relations. Problems are resolved as they arise.
As a result of analyzing the practice of implementing acts of international organizations in Russia, the following picture emerges. The implementation of these documents is carried out by all government bodies; various methods are used.
The domestic implementation of the provisions of acts of organs of organizations is carried out by:
- 1) legislative bodies of the Russian Federation. So, in accordance with Art. 6 of the Federal Law of July 19, 1998 No. 114-FZ “On military-technical cooperation of the Russian Federation with foreign states”, decisions of the President of the Russian Federation prohibit or restrict the export of military products to individual states in order to ensure the implementation of UN Security Council decisions on measures to maintain or restore international peace and security;
- 2) The President of the Russian Federation (for example, Decree of the President of the Russian Federation dated May 5, 2008 No. 682 “On measures to implement UN Security Council Resolution 1803 of March 3, 2008” establishes the following:
"1. All government institutions, industrial, commercial, financial, transport and other enterprises, banks, organizations, other legal entities and individuals under the jurisdiction of the Russian Federation, in their activities, proceed from the fact that from March 3, 2008:
- a) transit movement through the territory of the Russian Federation (including by air), export from the territory of the Russian Federation to Iran, as well as transfer to Iran outside the Russian Federation using ships and aircraft under its flag are prohibited:
- - all items (materials, equipment, goods and technologies), regardless of their country of origin, specified in the List of dual-use equipment and materials and related technologies used for nuclear purposes, subject to export control, approved by the Decree of the President of the Russian Federation of January 14, 2003 No. 36 “On approval of the List of dual-use equipment and materials and related technologies used for nuclear purposes, subject to export control,” with the exception of materials, equipment, goods and technologies when they are intended for use in light water nuclear reactors or when they are the removal, transfer or movement is necessary for the purposes of technical assistance provided to Iran by or under the auspices of the IAEA, as provided for in paragraph 16 of UN Security Council Resolution 1737 of 23 December 2006;
- - all items (materials, equipment, goods and technologies), regardless of their country of origin, specified in the List of equipment, materials and technologies that can be used in the creation of missile weapons and for which export control has been established, approved by the Decree of the President of the Russian Federation dated 08.08. 2001 No. 1005 “On approval of the List of equipment, materials and technologies that can be used in the creation of missile weapons and in respect of which export control has been established”;
- b) export from the territory of the Russian Federation to Iran and transfer to Iran outside the Russian Federation using ships and aircraft under its flag of all items (materials, equipment, goods and technologies) specified in the List of dual-use equipment and materials and related technologies used in nuclear purposes subject to export controls;
- c) it is prohibited to enter the territory of the Russian Federation or transit through the territory of individuals on the list according to the Appendix, as well as other individuals who, as determined by the UN Security Council or the UN Security Council Committee established in accordance with paragraph 18 of Security Council Resolution PLO 1737 dated December 23, 2006, participates in, is directly related to, or supports Iran's proliferation-sensitive nuclear activities and Iran's development of nuclear weapons delivery systems, including through participation in the procurement of prohibited items (materials, equipment, goods and technology ). This prohibition will not apply when such entry or transit is carried out directly in connection with activities related to equipment and materials specified in the List of nuclear materials, equipment, special non-nuclear materials and related technologies subject to export control, approved by Decree of the President of the Russian Federation dated 14.02. .1996 No. 202 "On approval of the List of nuclear materials, equipment, special non-nuclear materials and related technologies subject to export control."
Thus, not only measures have been taken to apply sanctions against Iran, but also changes have been made to the Russian legal system;
- 3) The Government of the Russian Federation (for example, Resolution No. 798 of 08/07/1995 “On measures to implement the documents of the Organization for Security and Cooperation in Europe” “Vienna Document of 1994 negotiations on confidence- and security-building measures”, “Global exchange of military information”, “Code” conduct concerning military-political aspects of security" and "Decision on the principles governing non-proliferation"" The Government of the Russian Federation approved measures to ensure the implementation of OSCE documents);
- 4) federal executive authorities. For example, according to the Regulations on the procedure for investigating accidents with ships, approved by Order of the Ministry of Transport of Russia dated May 14, 2009 No. 75, the investigation of accidents with ships is carried out taking into account the requirements of the Code of International Standards and recommended practices for investigating an accident or incident at sea (Resolution MSC.255( 84) of the Maritime Safety Committee of the International Maritime Organization), the Guidelines for the Investigation of Human Factors in Maritime Accidents and Incidents (International Maritime Organization Assembly Resolution A.884(21)) and the Guidelines for the Fair Treatment of Seafarers in the Event of a Marine Casualty (Resolution A. 987(24) of the Assembly of the International Maritime Organization; order of the Federal Air Transport Agency No. 300 dated September 12, 2008 was issued “In pursuance of the provisions of Chapter 5 of the Airworthiness Manual, Volume I “Organization and Procedures” (ICAO, Doc 9760-AN/967, 1st edition, 2001)". The order implements one of the ICAO documents; in accordance with Part 6 of the International Health Regulations (2005), by order of Rospotrebnadzor dated November 29, 2007 No. 339, a Certificate of Exemption of a Vessel from Sanitary Control / Certificate of Completion was introduced sanitary control vessel;
- 5) the highest courts of the Russian Federation. Thus, the Constitutional Court of the Russian Federation, in particular, has repeatedly motivated its decisions with the provisions of the United Nations Standard Minimum Rules for Non-custodial Measures (December 14, 1990), the Basic Principles Relating to the Role of Lawyers (September 7, 1990) , Declaration of the Rights of Persons with Disabilities (December 9, 1975).
In its decision dated November 6, 2007 No. RKP I07-1194, the Supreme Court of the Russian Federation referred to the decision of the ICAO Council on security controls for the inspection of liquids, gels and aerosol liquids that can be used as explosive devices on board an aircraft (dated December 11, 2006 G.).
In the decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09/07/1999 No. 1245/98 and dated 02/29/2000 No. 2459/99, Russian arbitration courts were pointed out the need to apply the Decision of the Council of Heads of Government of the CIS "On the new edition of paragraph 9 of the Rules for determining the country of origin of goods" ( October 18, 1996).
Myasnyankin V.N., lawyer at the Kursk Region Bar Association, member of the Russian Association of International Law.
The direct application by Russian government bodies of norms created within the framework of international organizations is possible due to Part 4 of Article 15 of the Constitution of the Russian Federation, which has included international law in the legal system of our country. To determine the rules that can be applied, it is necessary to involve some provisions of international law.
Acts of international organizations may have a rule-making nature in the case and to the extent as provided for in the constituent documents of these structures. There are mainly three ways of forming international obligations for member states in the activities of international organizations:
- decisions of certain bodies of an international organization, the legal binding of which for member states is recorded in the constituent documents, such as, for example, decisions of the UN Security Council on substantive issues provided for by the Charter of the United Nations;
- conventions developed within an international organization; obligations under them are recognized by states in the same way as under any other treaties; the application of the norms of such conventions in the Russian legal system does not differ from the application of the norms of other international treaties<*>;
- recommendations that are usually non-binding; but there may be cases where member states have agreed to make recommendations binding.
The widely used expression “convention adopted by an international organization” means that a particular convention was developed using the machinery of the relevant international organization.
Let's take the WHO as an example. Within the framework of the World Health Organization, the authority to adopt conventions and other international agreements on all issues within the competence of WHO is vested in the World Health Assembly, the highest body of WHO. The Assembly includes all member states of WHO, so we can say that in this case the Assembly acts in exactly the same way as an international conference.
In accordance with the WHO Constitution, at least 2/3 of the Assembly's votes are required to adopt an agreement. If the vote took place, this means that the Assembly approved the text of the agreement being discussed. Approval of the text of an agreement does not make it legally binding. Each WHO Member State must carry out the ratification or approval procedure in accordance with its own legislation<*>.
<*>Karkishchenko E.I. Rulemaking activities of the World Health Organization // Moscow Journal of International Law. 2004. N 1. P. 76 - 84.
Acts adopted by individual bodies of an international organization have different names, and in the process of their development there is great specificity in each organization. These acts can be different in their functions: they can be a source of law, an act of interpretation of law and a law enforcement act. In the development of such acts, not only international law, which is applicable, of course, to relations between member states of the organization, but also the internal law of each individual organization is of great importance. At the same time, certain customs of accepting recommendations are already clearly emerging. Thus, in the activities of international organizations, the so-called practice of “tacit consent” with recommendations or regulations adopted by the bodies of specialized UN agencies (the already mentioned World Health Organization, the International Civil Aviation Organization, the World Meteorological Organization and others) is increasingly spreading. Let us consider this method of lawmaking using the example of WHO. According to the Charter, its Assembly is empowered to adopt regulations in the field of international health concerning:
- sanitary, quarantine and other measures aimed at preventing the spread of diseases beyond the national borders of any state;
- nomenclature of diseases, causes of mortality and standards of public hygiene;
- standards of diagnostic methods used internationally;
- regulations governing the safety, purity and potency of biological, pharmaceutical and similar products traded internationally;
- standards in the field of advertising of biological, pharmaceutical and similar products in international circulation.
States that do not agree with the regulation must, within a specified period (from 3 to 9 months), declare their refusal to accept the regulation or make reservations to it. This procedure, as we see, differs from the usual practice of accepting international obligations, according to which a state assumes an obligation under an international treaty only after positively expressed consent by signing or ratifying this treaty<*>. The regulations come into force and acquire the character of normative documents for all states, with the exception of those that have declared their refusal to accept the regulations.
<*>See: Zaitseva O.G. International organizations: decision making. M., 1989.
There is specificity in the application of acts adopted by United Nations bodies. Russia has developed the practice of issuing acts dedicated to the implementation of decisions of the UN Security Council, which, according to the UN Charter, are binding. Such acts introduce serious changes to the law of the country, for example, prohibiting any economic ties with a state subject to Council sanctions, despite the fact that these ties were legally formalized in accordance with the law of the Russian Federation. In some cases, the acts of the state were government decrees, in others - decrees or orders of the President. In these cases, it is possible to change the norms of domestic law without ratifying the relevant documents.
A contradiction between a law and a Security Council resolution adopted by the Federal Assembly may serve as grounds for its rejection by the President. In September 1995, the President of the Russian Federation rejected the law to terminate the participation of the Russian Federation in the implementation of international sanctions against Yugoslavia. As a basis, the President pointed to the law’s contradiction to international law. A similar situation occurred in the United States in connection with the Congressional initiative to lift the arms embargo on Muslims in the former Yugoslavia. UN Security Council resolutions on the lifting of sanctions are implemented in the same manner.
When making its decisions, the Constitutional Court of the Russian Federation often also relies on resolutions of the UN General Assembly and some of its other bodies that are not binding. O.I. Tiunov believes that the use of such acts is not an end in itself. Recommendatory resolutions of international organizations, especially on the protection of human rights, contain provisions related to models of behavior based on the practice of many states that coincide in their parameters. To a certain extent, they generalize the approaches of these states to resolving issues of a general humanitarian nature and contain guidelines that could be useful for other states. In essence, advisory resolutions accumulate the experience of states in one or another area of their activities, contain provisions that are more specific in nature, and new approaches in comparison with the provisions of existing international legal norms, reflect the legal consciousness of mankind and ultimately serve as an incentive for states to their work for the codification and progressive development of international law.
A slightly different use of the UN General Assembly resolution is noted in the practice of the Supreme Court of the Russian Federation. When reviewing a case concerning the observance of the rights of heirs of repressed persons, the Court used the declarations of the General Assembly to clarify the concept of “a person entitled to compensation,” but took the Russian Federation Law “On the Rehabilitation of Victims of Political Repression” as the legal basis for its decision.
In some cases, the binding nature of decisions taken by international organizations is reinforced by the presence of control mechanisms. Such mechanisms operating in the field of human rights protection are widely known.
Russia's relations with such an important organization as the International Labor Organization are also of significant interest. A special feature of this organization is the presence of a control mechanism, the foundations of which are laid down in the Charter (adopted in 1919), so that each ILO member state recognizes the obligation to monitor compliance with obligations under the conventions and recommendations developed within the framework of this organization. The difference between the two categories of instruments adopted by the International Labor Organization - conventions and recommendations - is that conventions are ratified by member states and become binding, while recommendations remain recommendations.
The main means of control within the ILO are state reports. The reporting procedure is based on the right of the Organization to request reports from Member States and on the obligation of those States to submit them within the appropriate time frame and in the proper form. It follows from the ILO Constitution that member states are required to submit reports on ratified conventions, non-ratified conventions and recommendations. Thus, the governing bodies of the Organization control not only the implementation of ratified conventions, but also the progress of work on unratified conventions and even the consideration of recommendations.
With regard to ratified conventions, each Member undertakes to submit annual reports to the International Labor Office (ILO secretariat) regarding the measures taken to implement the conventions to which it has acceded. The content of the report is determined by the ILO Governing Body (the executive body of the ILO). For unratified conventions, member states submit reports on the state of national legislation and existing practice to which the unratified convention relates, as well as on what measures have been taken or planned to implement the provisions of the convention, and on the circumstances preventing ratification.
Member States are also required to report to the Director-General of the International Labor Office on the state of national legislation and existing practice regarding the issues addressed by a recommendation; about what measures have been taken or planned to implement the provisions of the recommendation, as well as about the changes that need to be made to the recommendation for its application. True, in practice the Organization rarely resorts to this procedure, concentrating mainly on the reports of states under the conventions<*>.
<*>See: Glikman O.V. Mechanism for monitoring compliance with the obligations of member states of the International Labor Organization (ILO) // International Lawyer. 2003. N 4. P. 52.
There are no penalties for failure to comply with certain documents; the whole matter is limited to discussion. However, Member States are closely monitoring the implementation of their respective obligations. Thus, the practice of the International Labor Organization shows that Russian government bodies have the right to apply the rules contained in unratified conventions and are obliged to apply the provisions of ratified conventions. International obligations may also arise before the signing of the founding treaty of an international organization when a state intends to join it. International organizations have a generally recognized right to impose certain criteria on member states. Therefore, the state often assumes obligations to take certain measures in order to achieve compliance for entry into the organization. Thus, although formally and legally the founding treaty of an international organization is not valid for a candidate state for accession, it gives rise to obligations for this state. A very good illustration of this is the relationship between the Russian Federation and the Council of Europe. After Russia submitted its application to join the Council of Europe, the Parliamentary Assembly of the Council of Europe (PACE) adopted Conclusion No. 193 (1996) on January 25, 1996. The Conclusion listed the main obligations, compliance with which was a criterion for the readiness of the Russian Federation to become a full member of this organization and continue membership in the future.<*>. Some obligations were primarily political and determined by the specific situation (withdrawal of the 14th Army from Moldova, ending the first Chechen war, etc.). At the same time, most of the recommendations were of a legal nature and related to specific measures to bring Russian legislation and law enforcement practice into line with European standards.
<*>See: On Russia's fulfillment of obligations assumed upon joining the Council of Europe. Special report of the Commissioner for Human Rights in the Russian Federation. M., 2002.
The provisions of Conclusion No. 193 are generally advisory in nature. However, the Conclusion itself is, in fact, an annex to the legally binding Resolution of the Committee of Ministers of the Council of Europe (96)2 of February 8, 1996, inviting Russia to become members of the organization. In addition, back in February 1995, in a special Message to the Council of Europe, signed by the President of the Russian Federation B.N. Yeltsin, Chairman of the Government V.S. Chernomyrdin and the heads of the chambers of the Federal Assembly at that time, V.F. Shumeiko and I.P. Rybkin, contained a promise to improve Russian legislation and bring it into line with European standards. The annex to the Message entitled “Explanations for the drafting and plans for improving the legal order in Russia” presented an analysis and plans for improving Russian legislation and law enforcement practice. The main idea of the Message and its annex was that Russia made an unambiguous promise to implement the recommendations that would be formulated by the Council of Europe. From a legal point of view, this was a unilateral act of a state that voluntarily assumed international obligations, and retained this character until February 28, 1996, that is, until Russia became a member of the Council of Europe.
Russia had to fulfill a significant part of the requirements of the Council of Europe within a year after joining this organization. In particular, it was necessary to ratify the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols (No. 1, 2, 4, 7, 9, 10 and 11), as well as a number of other European conventions; carry out reform of the prosecutor's office; adopt a law on the Commissioner for Human Rights; make changes to the laws on national minorities, on fundamental political freedoms, on freedom of religion; improve the conditions of detention of prisoners in prisons and transfer penitentiary institutions to the competence of the Ministry of Justice of the Russian Federation; introduce a moratorium on the execution of death sentences from the date of joining the Council of Europe and, within three years, abolish the death penalty by ratifying Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms; lift all bans on free movement and choice of place of residence; recognize in law the right of citizens to individually appeal to the supervisory bodies of the Council of Europe and the compulsory jurisdiction of the European Court of Human Rights.
Last updated: July 2017
Cooperation with competent authorities of foreign states, as well as with international bodies and organizations is one of the priority areas of activity of the Prosecutor General's Office of the Russian Federation. To ensure this important direction, in June 2006, by order of the Prosecutor General of the Russian Federation, instead of the International Legal Department, the Main Directorate of International Legal Cooperation was created, which included the extradition department, the legal assistance department and the international law department.
In order to increase the efficiency of cooperation with the competent authorities of foreign states on cases being processed by the central apparatus of investigative bodies, as well as on cases that have received a great public response, in September 2010, within the Main Directorate of International Legal Cooperation, a department of international cooperation for special important matters (as a manager). In March 2011, a department of legal assistance and cross-border cooperation with East Asian states was formed in the legal assistance department of the Main Directorate of International Legal Cooperation (with a location in Khabarovsk).
Today, the most important place in the international activities of the Prosecutor General's Office of the Russian Federation is occupied by issues of interaction with foreign partners in the field of criminal proceedings. These are issues of extradition and provision of legal assistance in criminal cases, including in the field of return from abroad of property obtained as a result of committing crimes.
In accordance with international treaties and Russian legislation, the Prosecutor General's Office of the Russian Federation is the competent authority of the Russian Federation on issues of extradition and legal assistance in criminal cases.
In particular, by Decrees of the President of the Russian Federation (dated October 26, 2004 No. 1362, dated December 18, 2008 Nos. 1799 and 1800, dated February 13, 2012 No. 180), the Prosecutor General's Office of the Russian Federation is designated as the central body for implementing the provisions on cooperation on extradition and legal assistance in criminal matters contained, respectively, in the UN Convention against Transnational Organized Crime of 15 November 2000, the UN Convention against Corruption of 31 October 2003, the Council of Europe Criminal Law Convention of 27 January 1999 and the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of November 21, 1997.
Currently, the General Prosecutor's Office of the Russian Federation interacts in the field of criminal proceedings with partners from more than 80 countries of the world. Such interaction is carried out on the basis of international treaties or the principle of reciprocity, enshrined in Articles 453, 457, 460, 462 of the Criminal Procedure Code of the Russian Federation.
The General Prosecutor's Office of the Russian Federation is the only competent body of the Russian Federation that sends to foreign states extradition requests persons to bring them to criminal responsibility or execute sentences, and also makes decisions on foreign requests for the extradition of persons from the Russian Federation.
Russia has special bilateral and multilateral international treaties regulating issues issuance, with almost 80 states (for a list of these agreements, see the section “Main documents”). In particular, Russia is a party to such multilateral treaties as the European Convention on Extradition of 1957 with its three additional protocols of 1975 and 1978 and 2012, as well as the Convention on Legal Assistance and Legal Relations in Civil, Family and Family Relations concluded within the CIS. criminal cases of 1993 with the Protocol to it of 1997.
The Russian Federation has special bilateral and multilateral agreements on legal assistance in criminal cases with more than 80 states (for a list of these agreements, see the section “Main documents”). Thus, Russia participates in a number of multilateral treaties in this area: the European Convention on Mutual Assistance in Criminal Matters of 1959 and its Additional Protocol of 1978, the European Convention on the Transfer of Criminal Proceedings of 1972, as well as the CIS Convention on legal assistance and legal relations in civil, family and criminal cases of 1993 with its Protocol of 1997.
Cooperation between the Prosecutor General's Office of Russia and the competent authorities of foreign states in matters of extradition and provision of legal assistance has been developing quite actively in recent years.
The scale of this cooperation is evidenced by the fact that annually the General Prosecutor's Office of the Russian Federation reviews more than 10 thousand materials on extradition, legal assistance in criminal cases, search and other issues within the competence of the General Prosecutor's Office of the Russian Federation in the field of criminal proceedings.
The most effective cooperation is with the competent authorities of Belarus, Kazakhstan, Uzbekistan, Germany, Spain, Serbia, and Switzerland.
Every year, the Prosecutor General's Office of the Russian Federation sends about 400 requests for the extradition of persons to the competent authorities of foreign states, and considers over 1,500 similar foreign requests.
The geography of cooperation in the field of issuance is expanding. Increasingly, criminals are trying to escape justice in states with which Russia does not have extradition treaties. However, in recent years, issues of transferring wanted persons to Russia have been successfully resolved with some of these countries (in particular, Chile, Ghana, Cambodia, Paraguay, the United Arab Emirates, and Thailand).
Every year, the General Prosecutor's Office of the Russian Federation reviews more than 6 thousand requests for legal assistance in criminal cases, both received from abroad and Russian, intended for referral to foreign countries.
The institution of transfer of criminal proceedings is effectively used. Petitions for criminal prosecution of foreign citizens who have committed crimes on the territory of Russia are sent to the competent authorities of foreign states, and petitions from foreign states for criminal prosecution of Russian citizens who have committed crimes abroad are also considered.
One of the important areas of activity of the Russian Prosecutor General's Office is cooperation with foreign colleagues in matters of search, arrest, confiscation and return of stolen property from abroad.
Thanks to cooperation with foreign colleagues, over $110 million have been returned to Russian companies from Switzerland alone over the past few years. USA, arrested on behalf of the Russian Prosecutor General's Office.
To date, at the request of the Russian Prosecutor General's Office, criminal funds totaling about 250 million euros and real estate worth about 300 million euros have been arrested and blocked abroad.
In May 2011, Chapter 29-1 was introduced into the Code of the Russian Federation on Administrative Offenses, regulating international legal cooperation in cases of administrative offenses. At the same time, the Prosecutor General's Office of Russia has been designated as one of the competent authorities for providing legal assistance in such cases.
In addition, the General Prosecutor's Office of the Russian Federation is the competent authority for the Commonwealth of Independent States (CIS) Convention on the Transfer of Persons Suffering from Mental Disorders for Compulsory Treatment (1997).
In recent years, in cooperation with the Russian Ministry of Justice and the Russian Ministry of Foreign Affairs, a lot of work has been carried out to develop the legal framework for our country’s participation in international cooperation in the field of criminal proceedings, as well as to implement the provisions of international treaties into Russian legislation.
Representatives of the General Prosecutor's Office of the Russian Federation take an active part in the development of draft agreements on extradition and legal assistance in criminal cases, incl. within international organizations.
In particular, one of the deputy heads of the Main Directorate of International Legal Cooperation of the Prosecutor General's Office of the Russian Federation has been successfully representing Russian interests in the Committee of Experts of the Council of Europe on the operation of European conventions on cooperation in criminal matters for more than 20 years, actively contributing to the implementation of the Russian initiative to modernize such conventions, in incl. in matters of speeding up and simplifying issuance procedures.
Work is being carried out on an ongoing basis to strengthen the legal framework for interdepartmental cooperation. In particular, within the CIS the following were signed:
Agreement on cooperation between the prosecutor general's offices (prosecutor's offices) of member states of the Commonwealth of Independent States in the fight against corruption dated April 25, 2007;
Agreement on cooperation between the prosecutor general's offices of the member states of the Commonwealth of Independent States in the fight against trafficking in persons, organs and human tissues of December 3, 2009.
In general, today the General Prosecutor's Office of the Russian Federation has 5 multilateral and 80 bilateral interdepartmental agreements and other cooperation arrangements with partners from 66 foreign countries. Over the past 5 years, 28 such agreements have been signed.
Since 2007, on the basis of agreements with the competent authorities of foreign states, cooperation programs have been developed and signed. The programs are accepted for 1-2 years and provide for the exchange of experience and the establishment of practical interaction on current issues of mutual interest. During this time, 48 programs were signed with partners from 28 foreign countries, 40 cooperation programs were implemented, and more than 130 planned events were held: consultations, meetings, seminars and round tables.
Currently, 7 programs of interdepartmental cooperation are being implemented: with the prosecutor’s office or justice authorities of Abkhazia, Armenia, Bahrain, Hungary, China, Cuba, Finland.
The Russian Prosecutor General's Office has developed especially close relations with their Belarusian colleagues. On May 15, 2008, the Joint Board of the Prosecutor General's Office of the Russian Federation and the Prosecutor General's Office of the Republic of Belarus was created, which coordinates the activities of the prosecutor's offices of the two countries in the areas of ensuring law and order, protecting human and civil rights and freedoms, and combating crime.
Representatives of the Prosecutor General's Office of the Russian Federation participate in the activities of various international bodies and organizations, including the relevant structures of the UN, Interpol, CIS, Council of Europe, Shanghai Cooperation Organization (SCO), as well as the Council of the Baltic Sea States.
For example, representatives of the Prosecutor General's Office of the Russian Federation are included in the delegations of the Russian Federation participating in the work of the UN Commission on Narcotic Drugs and the UN Commission on Crime Prevention and Criminal Justice, as well as in international events held within the framework of the UN Convention against Corruption. The participation of Russian prosecutors in events organized by the UN Office on Drugs and Crime, the Counter-Terrorism Committee of the UN Security Council, as well as in conferences of parties to the UN Convention against Transnational Organized Crime is ensured.
At the meeting of the Prosecutor General of the Russian Federation, Yu.Ya. Chaika. with the Secretary General of Interpol, Mr. Yu. Shtok, on June 22, 2017 in Moscow, issues of organizing an effective search through Interpol channels for persons accused of committing crimes in Russia were discussed.
The interaction of the Prosecutor's Office of the Russian Federation in the areas of ensuring the rule of law, protecting human rights and freedoms, and fighting crime with partners from the CIS countries is carried out within the framework of the Coordination Council of Prosecutors General of the CIS Member States (CCGP).
Since the creation of the KSGP in December 1995, its chairman has always been the Prosecutor General of the Russian Federation. The Scientific and Methodological Center of the KSGP operates on the basis of the Academy of the Prosecutor General's Office of the Russian Federation.
The most important issues are raised at the annual meetings of the KSGP. In particular, information is traditionally heard on the state of protection of the rights of citizens, especially those living outside their state in the territories of the CIS member states, as well as on the practice of implementing interstate programs and international treaties of the CIS member states in the field of combating crime. Information is exchanged on best practices in prosecutorial activities in various areas.
The 27th meeting of the KSGP will be held in St. Petersburg in November 2017. Previously, meetings of the KSGP were held in Russia 8 times, including in Moscow on September 5, 2010 and St. Petersburg on May 15, 2012.
The 15th meeting of the prosecutors general of the SCO member states will be timed to coincide with the 27th meeting of the KSGP. The decision to create a mechanism for regular meetings of the prosecutors general of the SCO member states was made during the meeting of the prosecutors general of the member states of the Organization held on October 31 - November 2, 2002 in Shanghai (PRC).
Over the 15 years of existence of this format of cooperation, many decisions have been made that have contributed to improving prosecutorial cooperation within the SCO, primarily anti-terrorism, consolidating the efforts of prosecutors’ offices in the fight against organized forms of crime, as well as in protecting human rights and freedoms. In Russia, meetings of the prosecutors general of the SCO member states were held twice (Moscow, November 24, 2005 and April 13, 2009).
The issue of the growing role of prosecutors in the fight against terrorism was discussed at the 14th meeting of the prosecutors general of the SCO member states (People's Republic of China, Sanya, November 30, 2016).
In September 2017, the third meeting of the Interstate Anti-Corruption Council (Interstate Council) will be held in Russia (Kazan), the agreement on the creation of which was adopted at a meeting of the Council of Heads of State of the CIS on September 25, 2013. In accordance with the Decree of the President of the Russian Federation dated 21 February 2014 No. 104 The Prosecutor General of the Russian Federation is a member of the Interstate Council from Russia.
Cooperation between the prosecutor's offices of the states that are members of the international association BRICS (Brazil, India, Russia, China, South Africa) is being strengthened. The General Prosecutor's Office of the Russian Federation organized the first meeting of the heads of prosecutorial services of the BRICS states (Sochi, November 10, 2015), the participants of which agreed to establish prosecutorial cooperation in the association, primarily in order to prevent international terrorism, counter the global drug threat and corruption, as well as approved the Concept of Cooperation between the Prosecutor's Offices of the BRICS States.
The second meeting of the heads of prosecutorial services of the BRICS states took place on December 1, 2016 in Sanya (Hainan Province, China). During this event, issues of cooperation in the fight against corruption were discussed.
Representatives of the Prosecutor General's Office of the Russian Federation also participated in meetings of senior BRICS officials on issues of anti-corruption cooperation (St. Petersburg, November 1, 2015; London, June 9–10, 2016), during which the functioning of the BRICS Anti-Corruption Working Group was discussed. And also took part in meetings of this group (Beijing, January 26-27, 2016, Berlin, January 22-26, 2017, Brasilia, March 14, 2017) In 2017, the main agenda items of the BRICS Anti-Corruption Working Group are Issues related to the growing issue of the return of assets obtained as a result of acts of corruption.
At the third meeting of the heads of prosecutorial services of the BRICS states, scheduled to be held in Brasilia from August 23 to 24 this year, it is expected to discuss issues of combating cybercrime and crimes against the environment.
Representatives of the General Prosecutor's Office of the Russian Federation actively participate in the work of the Advisory Council of European Prosecutors (ACEP), created in 2005, which is an advisory body of the Committee of Ministers of the Council of Europe - the main body of this organization uniting 47 states of the old continent. The CCEP adopted 11 opinions on various aspects of prosecutorial activity, in the development of which Russian prosecutors actively participated.
For example, on the Russian initiative, in October 2008, CCEP Conclusion No. 3 “On the role of the prosecutor’s office outside the criminal legal sphere” was adopted. The basis for the preparation of the CCEP conclusion No. 3 was the final document of the Conference of Prosecutors General of European Countries, held on this topic by the Prosecutor General's Office of the Russian Federation jointly with the Council of Europe on July 1–3, 2008 in St. Petersburg. During this conference, the experience of the Russian prosecutor's office in protecting human rights and freedoms and public interests outside the criminal legal sphere was highly appreciated by foreign colleagues.
As a follow-up to CCEP Conclusion No. 3, in September 2012, with the active participation of representatives of the General Prosecutor’s Office of the Russian Federation, a recommendation of the Committee of Ministers of the Council of Europe (2012)11 to member states on the role of prosecutors outside the criminal justice system was adopted.
The Academy of the Prosecutor General's Office of the Russian Federation is a member of the Lisbon network created within the Council of Europe for the exchange of information on the training of prosecutors and judges.
Delegations of the Prosecutor General's Office of the Russian Federation take an active part in meetings of the prosecutors general of the member states of the Council of the Baltic Sea States. In September 2017, the 17th meeting of the prosecutors general of the member states of the Council of the Baltic Sea States is planned to be held in Kaliningrad.
The Russian prosecutor's office has high international authority, as evidenced by the fact that its representatives are elected to the governing and working bodies of a number of authoritative international organizations, incl. Council of Europe, International Association of Prosecutors and International Association of Anti-Corruption Bodies.
In 2011, the Deputy Head of the Department for Supervision of the Implementation of Anti-Corruption Legislation of the Prosecutor General's Office of the Russian Federation joined the bureau of the Group of States against Corruption (GRECO). Since November 2013, the heads of this department have been elected to the Executive Committee of the International Association of Anti-Corruption Bodies, created in 2006.
In November 2016, at the 85th session of the Interpol General Assembly, a representative of the Prosecutor General's Office of the Russian Federation, based on the results of a secret ballot, was elected as a member of the Commission for the control of Interpol files and the procedure for interaction through Interpol channels in the field of international search for persons.
Close relations link the Prosecutor General's Office of the Russian Federation with such a non-governmental organization as the International Association of Prosecutors (IAP). The Russian prosecutor's office was among the initiators of its creation in 1995.
The Association has more than 2,200 individual members and 170 organizational members (prosecuting services, national prosecutors' associations and a number of crime-fighting bodies). Thus, MAP represents almost 250 thousand prosecutors from 173 jurisdictions.
Prosecutor General of the Russian Federation Yu.Ya. Chaika is a member of the MAP Senate. Representatives of the Prosecutor General's Office of the Russian Federation also take an active part in the work of the Association's Executive Committee.
In particular, the General Prosecutor's Office of the Russian Federation was awarded the right to host the 18th Annual Conference of the MAP, which was held in Moscow in September 2013 and was dedicated to the topic “The Prosecutor and the Rule of Law.” It was attended by 115 delegations from more than 90 states and 16 international bodies and organizations, including 52 prosecutors general and directors of national public prosecution services.
In November 2015, the 7th regional IAP conference for the states of Central and Eastern Europe and Central Asia was held in Sochi, dedicated to the fight against terrorism and violent extremism. It brought together more than 150 representatives of prosecutors from 34 states and 9 international bodies and organizations, including the UN, Council of Europe, OSCE, CIS, SCO and Eurojust.
The strengthening of ties with the competent authorities of foreign states was greatly facilitated by efforts aimed at developing interdepartmental cooperation with foreign partners.
In addition to concluding cooperation agreements and programs, the General Prosecutor's Office of the Russian Federation organizes events of a multilateral international nature, during which the most pressing issues of international prosecutorial cooperation are discussed. In particular, on September 13, 2010, in Moscow, on the initiative of the Prosecutor General's Office of the Russian Federation, the first meeting was held of the heads of the prosecutor's offices of the CIS member states, whose competence includes issues of extradition and legal assistance in criminal cases.
In April 2011, an international conference was held in Pskov on the topic “Combating illicit drug trafficking, including synthetic drugs and their precursors. The effectiveness of international cooperation in this area.”
Issues of cooperation in the field of combating illicit drug trafficking and combating illegal migration were considered at an international conference organized by the Prosecutor General's Office of the Russian Federation and held in Yekaterinburg on August 28–29, 2012.
In Vladivostok, on September 23–25, 2014, an international seminar was held with representatives of the competent authorities of a number of countries in East and South-East Asia on the issues of increasing the efficiency of cooperation in the field of criminal proceedings.
The Baikal International Conference of Prosecutors, held by the General Prosecutor's Office of the Russian Federation in Irkutsk on August 26–27, 2014, was devoted to the topic of cooperation in combating transnational organized crime.
On December 14, 2016, in Moscow, with the participation of representatives of competent authorities of foreign states and a number of organizations of the international prosecutorial community, the Prosecutor General's Office of the Russian Federation held the Third Open Information Forum on international legal cooperation.
Representatives of the international prosecutorial community participated in the ceremonial events on the occasion of the 290th anniversary, as well as the 295th anniversary of the Russian prosecutor’s office in January 2017. The latest anniversary events were attended by representatives of prosecutorial and justice authorities from 18 states, as well as the leaders of the International Association of Prosecutors and the Executive Secretary of the KSGP .
The most important tasks of the Russian prosecutor's office for the near future are to expand and increase the efficiency of its participation in international legal cooperation, especially in the field of criminal proceedings, to improve the contractual and legislative framework, including on the issues of search, arrest, confiscation and return of property received from abroad criminally.
Main Directorate of International
legal cooperation, July 2017
Implementation is the embodiment of the norms of international law in the behavior and activities of states and other entities, the practical implementation of legal regulations. The following forms of implementation exist.
Compliance is a form of implementation of prohibition norms. Subjects refrain from committing actions prohibited by criminal law. Example: Agreement between the Government of the Russian Federation and the Government of the Republic of Armenia on cooperation in the field of peaceful uses of atomic energy dated September 25, 2000. In accordance with this agreement, the exchange of information constituting state secrets between the Russian Federation and the Republic of Armenia is prohibited. with other entities that did not participate in the conclusion of this agreement. Failure to exchange this information will be evidence that this standard is being followed.
Execution is the active activity of subjects to implement norms. In accordance with the UN Convention against Transnational Organized Crime of November 15, 2000, each state party submits the texts of laws and regulations to the UN Secretary-General ensuring the implementation of the provisions of the Convention.
Use - the implementation of the provided opportunities contained in the norms of international law.
At the stage of the entry of international law into the national legal system, a number of problems emerged. On the issue of implementation of international acts in Russia, it should be said that the practice of execution of international treaties and their implementation encounters numerous obstacles and difficulties of a legal, organizational, and political nature. It would be incorrect to say that all obstacles to the implementation of the treaties have been removed today. A number of problems in the implementation of international acts in the legal system of the Russian Federation should be highlighted:
1. The absence of a clearly developed regulatory mechanism for the implementation of generally recognized customary principles and norms of international law, the unsettled status of these principles and norms.
The hierarchical position of generally recognized principles and norms, the form of expression of which is international custom, in contrast to contractual generally recognized principles and norms, the priority of which in relation to the norms of laws in cases of conflicts with the latter is ensured by Part 4 of Art. 15 is not clearly defined in the national legal system, which significantly complicates law enforcement activities. Kapustin A.N. Constitution and international law / A.N. Kapustin // Bulletin of RUDN University. - 2004. - No. 1. - P. 26-28 Their specific list has not been established.
- 2. Incomplete compliance with Art. 3 and part 3 art. 5 of the Federal Constitutional Law “On the Judicial System of the Russian Federation” to the requirements of Part 4 of Art. 15 of the Constitution of the Russian Federation. Federal Constitutional Law of December 31, 1996 N 1-FKZ (as amended on February 5, 2014) “On the Judicial System of the Russian Federation” In these articles there are generally recognized principles and norms of international law and international treaties of the Russian Federation, which, in terms of international treaties of the Russian Federation, consent to be bound which were expressed in the form of a federal law, clearly contradicts Part 4 of Art. 15 of the Constitution of the Russian Federation. These agreements should already be included in Art. 3 and part 3 art. 5 of the law in question, a place corresponding to their status established by the Constitution of the Russian Federation.
- 3. Lack of systematization of the norms of international law in relation to branches of law. Speaking about the systematization of international law in general, it should be noted that this problem is very acute. Various scientists publish a large number of collections of international documents that fill the information sphere, but they are not official. In law enforcement activities, references to such sources are not allowed.
Unsystematized norms of international law significantly complicate the implementation of these regulations.
This problem by branch of law can be solved through the development and adoption of official annexes to industry codes containing rules of international law to be applied within a particular industry.
- 4. An undifferentiated approach to determining the provisions of various types of international treaties of the Russian Federation in the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. Article 11 of the Code of Civil Procedure of the Russian Federation and Art. 13 of the Arbitration Procedure Code of the Russian Federation, speaking about international treaties of the Russian Federation in general, do not divide them into types, while the ratio of the legal force of the norms of international treaties of the Russian Federation and the norms of other normative legal acts applied by the courts depends on the level of the state body that concluded the agreement and the form expression, consent to be bound by it. A differentiated approach to determining the provisions of various types of international treaties of the Russian Federation, taking into account their hierarchical force, should be reflected in these codes, which requires the introduction of appropriate additions to the named articles of the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation.
- 3. The relationship between international legal acts and the legal system of the Russian Federation
Currently, an important condition for the functioning of Russian legislation is the analysis of the nature, features, and sources of international law. According to a widely held point of view, international law is conciliatory in nature, which means a special way of creating international legal norms.
Achieving such agreement is often associated with a compromise, proportionate concessions by states to each other on certain issues, which makes it possible to conclude an international treaty. Consequently, the agreement acts as a way to create norms of international law. Coordination of positions allows subjects of international law to interact in the international arena and personifies the unity of states that have concluded an international treaty in solving common problems and tasks.
The problem of acts of domestic and international law occupies one of the central places in science.
Within the framework of the national system of Russian law, acts of normative content and non-normative content are distinguished, united by vertical and horizontal connections. The first group includes normative legal acts - laws and by-laws and interpretative acts of a normative nature - resolutions of the Plenums, acts of interpretation of the Constitution by the Constitutional Court of the Russian Federation, non-normative acts include various law enforcement acts, with the help of which government regulations aimed at regulating and protecting specific legal relations.
Regulatory legal acts of the Russian Federation are classified on the following basis:
1. Depending on the legal force: laws, subordinate regulations. In turn, laws are divided into: The Constitution - the main political and legal act that establishes the constitutional system, the rights and freedoms of man and citizen, determines the form of government and government structure, and establishes federal government bodies. The legal properties of the Constitution are: its supremacy, supreme legal force in relation to other normative legal acts, stability, direct action, is the core of the legal system, the general procedure for adoption, revision, amendment, special protection by the state.
Federal constitutional laws are adopted on issues directly outlined in the Constitution. Federal constitutional laws, like other normative legal acts, must not contradict the Constitution of the Russian Federation. They are adopted not by a simple majority, but in a special order - their adoption requires at least two-thirds of the votes of the total number of members of the State Duma, and for approval by the Federation Council, at least three-quarters of the votes of the total number of members of this chamber are required.
Federal laws are adopted by a majority vote of the total number of members of the State Duma and regulate a fairly wide area of public relations.
Laws of the constituent entities of the Russian Federation are adopted by the representative bodies of the subject and cannot contradict general federal laws.
Subordinate legal acts are acts issued by competent authorities or state officials on the basis and in execution of laws and containing legal norms. They have less legal force compared to laws and are based on them. They play a supporting and detailing role.
Decrees and orders of the President are binding on the entire territory of Russia, must not contradict the Constitution, and are prepared within the powers exercised by the President. Orders are adopted on current and procedural issues.
Government regulations and orders. The most important acts are issued in the form of resolutions. Acts on operational current issues are issued in the form of orders. All government acts are binding on the territory of Russia. They can be adopted on the basis and in execution of the laws of the Russian Federation, as well as presidential decrees. In case of conflict with the Constitution, federal constitutional laws, federal laws, or presidential decrees, they may be canceled by the President.
Departmental acts are acts adopted on the basis and in accordance with decrees and orders of the President, decrees and orders of the Government and regulating relations that are within the competence of these executive structures.
Local by-laws are regulatory decisions and resolutions of local representative and executive authorities. These acts are independent and independent from government bodies, but are subject to the Constitution and laws of the Russian Federation and the constituent entities of the Federation and the system of regulatory legal acts of local governments.
Local acts - various institutions, enterprises, public and economic associations, including commercial organizations, are formed at the state and public level. Each institution, enterprise or organization has its own charter, regulations or other constituent document, internal rules for employees and administration.
- 2. Depending on the time of action: permanent and temporary.
- 3. By branches of law: criminal law, civil law, family law.
In the theory of international law, an important place is occupied by the question of the place of international law in the Russian legal system.
In accordance with Part 4 of Art. 15 of the Russian Constitution, international legal acts are part of its legal system and are given priority over domestic legislation. If an international treaty establishes rules other than those provided for by the treaty, the rules of the international treaty apply. Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 // Rossiyskaya Gazeta 1993.No. 237 This provision excludes the interpretation of the norm: international law and domestic law are independent of each other and national law occupies a central position in relation to international law.
The study of international law is of great importance for the effective legal regulation of relations in the field of organization and social support for the activities of national armed forces.
The general theory and history of international law recognizes the existence of two systems, international and national law. Any international agreement is enshrined within the framework of these two systems as an institution, industry, sub-industry, system, subsystem.
The forms of interaction between the norms of international and domestic law are reflected in the basis of the means and methods of implementing norms on the territory of a particular state, the creation of a mechanism for state and legal support for the implementation of international legal norms in domestic law.
B.I. Zimnenko notes that the legislator considers international and domestic law as independent legal orders and elements operating in the Russian legal system. Zimnenko B.L. International law and the legal system of the Russian Federation: monograph. -M.: Russian Academy of Justice; Statute, 2006, C 135
For example, in accordance with paragraph 2 of Article 1 of the Criminal Code of the Russian Federation, it is stated that it is based on the Constitution of the Russian Federation, generally recognized principles and norms of international law. Criminal Code of the Russian Federation; the official text was adopted by the State Duma on May 24, 1996 and amendments and additions on October 1, 2014 / / Collection of Legislation of the Russian Federation. - No. 25. - Art. 1 item 2
In accordance with the Law “On the State Border of the Russian Federation” Federal Law “On the State Border of the Russian Federation”: Law of the Russian Federation dated April 1, 1993 No. 4730-1 as of June 28, 2014 // Ved. Congress of People's Deputies of Russia. Federation and Top. Council of Russia Federation. 1993.No.17, art. 3 Russia cooperates with foreign states in the field of protecting the State border on the basis of generally recognized principles and norms of international law and international treaties of the Russian Federation. The Russian legal system does not include norms of international law, but only their individual provisions. In order for the norms of international law to enter the legal system of the Russian Federation, they must regulate the relations that arise between the subjects of the national legal system. The legal system of Russia has included international acts that have the opportunity to act with the appropriate sanction of the state and complex norms. Complex norms are included in the legal system, but not in the system of state law.
The norms of national law, its normative content are formed only by the state itself. The state itself has the right to reformulate the norm, change it or completely abolish it. In accordance with the system of hierarchy of normative legal acts of the Russian Federation, such actions must take place in the order in which these norms were adopted. A normative legal act can be changed, supplemented or repealed by adopting a new act that has no less legal force.
Any national legal system has its own established specific form.
Government bodies implementing complex rules of law must take into account that these rules are related to both the national and international legal systems. These norms can objectively function in accordance with the rules and principles characteristic of this particular regulatory system, which in turn cannot lead to a violation of the relevant international legal norms. Razumov Yu.A. The place of international law in the legal system of the Russian Federation / Yu.A. Razumov // International law and international organizations. - 2013. - No. 2. - C 246-249
The system of forms (sources) of international law and the system of forms (sources) of domestic law - each of them - represents a complex, autonomous system to a certain extent and sense. At the same time, the totality of sources of international law is predominantly a horizontal system in its structure, but with certain elements of legal subordination. Hovsepyan Zh.I. Status of sources of international law in the domestic (national) legal system (issues of integration of international law in the Russian Federation) / Zh.I. Hovsepyan // North Caucasian Legal Journal. - 2010.- No. 4.- From 56-58
Thus, Russian legislation is based on the principles and norms of international law, on the Constitution, and on laws on cooperation with foreign states.
9) participates together with interested federal executive authorities in the implementation of interaction with international inspection groups of the Organization for the Prohibition of Chemical Weapons (hereinafter referred to as the Organization) on the territory of the Russian Federation;
10) selects safe and economically acceptable technologies for the destruction of chemical weapons;
11) ensures the development and creation of technologies and technological equipment for the disassembly of chemical munitions, as well as the destruction or disposal of their components;
12) organizes the design and examination of projects, as well as the construction, on the basis of an agreement with the Ministry of Defense of the Russian Federation, of facilities for the destruction of chemical weapons and related special and social infrastructure facilities, necessary environmental structures and medical and preventive facilities;
13) organizes the operation of facilities for the destruction of chemical weapons, including training of personnel for their operation and maintenance, provision of personal protective equipment, antidotes and instrument control equipment;
14) organizes and ensures the implementation of work on the safe storage of chemical weapons stockpiles until their complete destruction;
15) carries out licensing of activities for the storage and destruction of chemical weapons;
16) makes decisions on providing organizations of the Russian Federation with toxic chemicals included in List 1 of the Annex on Chemicals of the Convention for purposes not prohibited by the Convention;
17) represents, within its competence, the interests of the Russian Federation in international organizations and in relations with foreign states on the problems of chemical disarmament;
18) participates in the prescribed manner in the development of draft international treaties in the field of chemical disarmament;
19) participates together with interested federal executive authorities in developing the position of the Russian Federation in negotiations on the implementation of the provisions of the Convention;
20) ensures, together with interested federal executive authorities, the representation of the Russian Federation in the Organization, as well as participation in the work of sessions of the Executive Council of the Organization and conferences of the states parties to the Convention;
21) participates in the preparation and implementation of measures for international cooperation in the field of chemical disarmament;
22) develops and, in the prescribed manner, submits to the Government of the Russian Federation draft agreements with the Organization on the implementation of international control at Russian facilities subject to declaration and control in accordance with the requirements of the Convention;
23) organizes and ensures, within its competence, work to monitor the implementation of the provisions of the Convention by other states party to the Convention;
24) prepares, jointly with interested federal executive authorities, and submits to the Government of the Russian Federation reports on compliance with the provisions of the Convention by other states party to the Convention and proposals for eliminating or reducing threats;
25) organizes research and development work to create means and develop methods of national control in the field of chemical disarmament;
26) carries out, together with the Federal State Statistics Service, control over the completeness of collection and reliability of data on the production, consumption and processing of chemicals included in lists 1 - 3 of the Convention;
27) organizes and ensures, together with interested federal executive authorities, the reception in the Russian Federation and accompaniment of international inspection groups of the Organization throughout its territory;
28) prepares facilities for the storage, destruction, production and development of chemical weapons and industrial facilities producing chemicals included in lists 1 - 3 of the Annex on Chemicals of the Convention, subject to declaration and control in accordance with the requirements of the Convention, for international inspections of the Organization;
29) carries out, in agreement with the interested federal executive authorities, the preparation of information in accordance with the provisions of the Convention and its submission in the prescribed manner to the Organization;
30) carries out, with the participation of federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments, activities to inform the population and public associations on issues of ensuring public safety and environmental protection when carrying out work with chemical weapons in places of their storage and destruction;
31) prepares, together with interested federal executive authorities, annual information reports of the Government of the Russian Federation on the progress of implementation of the Convention for presentation to the President of the Russian Federation and the Federal Assembly of the Russian Federation;
32) develops and creates state standard samples of toxic substances, products of their destruction and degradation, subject to control during the destruction of chemical weapons, destruction or conversion of facilities for the production and development of chemical weapons;
33) maintains a state register of approved types of state standard samples of the composition of toxic chemicals;
34) ensures the safety of facilities for the production and development of chemical weapons until their complete destruction or conversion, as well as until the consequences of their activities are eliminated;
35) organizes work on the destruction or conversion of facilities for the production and development of chemical weapons, as well as work to eliminate the consequences of their activities;
36) requests from the Ministry of Defense of the Russian Federation premises for inspection of inspection equipment of international inspection teams of the Organization at designated points of entry into the territory of the Russian Federation and exit from the territory of the Russian Federation (hereinafter referred to as points of entry/exit);
37) submits to the board of the Military-Industrial Commission of the Russian Federation proposals agreed with interested federal executive authorities on the formation of a state defense order in terms of work to fulfill the international obligations of the Russian Federation in the field of chemical disarmament;
38) participates together with the Federal Service for Technical and Export Control in ensuring control over the certification and certification of automated systems used in managing the technological process of destruction of chemical weapons, including automated lines for discharging chemical ammunition, taking into account information security requirements;
39) participates together with the Federal Service for Technical and Export Control in monitoring foreign economic transactions for the export and import of chemicals included in lists 1 - 3 of the Chemicals Annex of the Convention, subject to declaration and control in accordance with the requirements of the Convention;
40) ensures, on the basis of agreements with the Federal Communications Agency, the provision of the necessary communication services for organizing the work of the Organization’s international inspection groups on the territory of the Russian Federation;
Information about changes:
5) participates, within the limits of its competence, in monitoring the implementation of the provisions of the Convention by other states party to the Convention;
7) participates in chemical analytical studies carried out by international inspection groups of the Organization for the Prohibition of Chemical Weapons (hereinafter referred to as the Organization) on the territory of the Russian Federation;
8) ensures the readiness of military facilities for inspections by the Organization upon request;
9) provides, at the request of the Ministry of Industry and Trade of the Russian Federation, premises for inspection of inspection equipment of the Organization’s international inspection teams at points of entry/exit.
3) monitors the progress of the implementation of the federal target program “Destruction of chemical weapons stockpiles in the Russian Federation”, approved by Decree of the Government of the Russian Federation of March 21, 1996 N 305;
4) carries out registration of projects and technical assistance programs, maintaining a unified register of projects and technical assistance programs, as well as monitoring the targeted use of technical assistance at the stage of organizational activities;
2) ensures, together with other interested federal executive authorities, the representation of the Russian Federation in the Organization, as well as participation in the work of sessions of the Executive Council of the Organization and conferences of the states parties to the Convention;
3) coordinates and implements, within the framework of its powers, together with other federal executive authorities, activities on international cooperation in the field of chemical disarmament;
13.1. The Ministry of Natural Resources and Ecology of the Russian Federation carries out legal regulation in the field of state environmental supervision and state environmental assessment when carrying out work on the storage, transportation and destruction of chemical weapons, as well as when eliminating the consequences of their activities.
15. Federal Security Service of the Russian Federation
1) participates jointly with interested federal executive authorities in conducting inspections of inspection equipment of the Organization’s international inspection teams at points of entry/exit;
2) maintains an information database regarding inspection equipment of the Organization’s international inspection groups imported (exported) into the Russian Federation;
3) participates in making decisions on the admission of Russian and foreign citizens to the territory of facilities for the storage, destruction, production and development of chemical weapons in the Russian Federation;
4) participates in the development of measures to ensure secrecy in the implementation of international cooperation in the field of chemical disarmament;
5) coordinates the activities of federal executive authorities involved in the implementation of the international obligations of the Russian Federation in the field of chemical disarmament related to the preparation and implementation of measures to protect state secrets;
6) participates in the development of measures to ensure anti-terrorist and anti-sabotage protection of facilities for the storage and destruction of chemical weapons.
16. The Federal Service for Hydrometeorology and Environmental Monitoring exercises the following powers:
1) monitors the condition and pollution of the environment in the areas of location (including in zones of protective measures) of facilities for the storage, destruction, production and development of chemical weapons;
2) provides hydrometeorological support for the functioning of facilities for the storage and destruction of chemical weapons;
3) participates, within the limits of its powers, in the creation and operation of emergency response systems at facilities for the storage and destruction of chemical weapons in terms of the preparation and presentation of operational and forecast information on the scale and levels of environmental pollution and its possible consequences;
4) participates in scientific and methodological support for monitoring the condition and pollution of the environment in the areas where facilities for the storage and destruction of chemical weapons are located, including in zones of protective measures.
16.1. The Federal Service for Supervision of Natural Resources exercises the following powers:
1) federal state environmental supervision during the storage, transportation and destruction of chemical weapons, during the destruction or conversion of facilities for the destruction, production and development of chemical weapons, as well as during the liquidation of the consequences of their activities within the established competence;
Information about changes:
By Decree of the Government of the Russian Federation of February 15, 2011 N 78, paragraph 16.1 of these Regulations was supplemented with subparagraph 3
3) establishes limits on the disposal of waste at facilities for the storage and destruction of chemical weapons during the destruction or conversion of facilities for the destruction, production and development of chemical weapons, as well as during the liquidation of the consequences of their activities;
Information about changes:
By Decree of the Government of the Russian Federation of February 15, 2011 N 78, paragraph 16.1 of these Regulations was supplemented with subparagraph 4
4) maintains state records of facilities that have a negative impact on the environment and harmful effects on the atmospheric air, participating in the implementation of the international obligations of the Russian Federation in the field of chemical disarmament;
Information about changes:
By Decree of the Government of the Russian Federation of February 15, 2011 N 78, paragraph 16.1 of these Regulations was supplemented with subparagraph 5
5) maintains the state waste cadastre and state accounting in the field of waste management, and also carries out work on certification of waste of I - IV hazard classes generated in the fulfillment of the international obligations of the Russian Federation in the field of chemical disarmament.
17. The Federal Customs Service exercises the following powers:
1) provides priority customs control at points of entry/exit upon arrival (dispatch) of cargo with inspection equipment of the Organization’s international inspection teams;
2) carries out, in the prescribed manner, customs clearance, including customs inspection, of inspection equipment of the Organization’s international inspection teams at points of entry/exit according to the list approved by the Technical Secretariat of the Organization;
3) ensures control over compliance by international inspectors of the Organization with customs rules at points of entry/exit into the territory of the Russian Federation.
18. The Federal State Statistics Service, together with the Ministry of Industry and Trade of the Russian Federation and other interested federal executive authorities, collects information on the production, processing and consumption of chemicals included in 3) approves hygienic standards for maximum permissible concentrations and levels of exposure to harmful chemical and biological factors on the environment;
4) organizes the conduct of social and hygienic monitoring at facilities for the storage and destruction of chemical weapons;
5) ensures, within its competence, a sanitary and epidemiological examination of project documentation for compliance with sanitary rules, norms and hygienic standards.
22. The Federal Agency for Technical Regulation and Metrology exercises the following powers:
1) conducts metrological examination and certification of methods for performing measurements of the content of toxic chemicals, standard samples and certified mixtures, as well as methods for performing measurements for environmental monitoring at facilities for the storage, destruction, production and development of chemical weapons and in areas of protective measures;
4) organizes and carries out social and hygienic monitoring in the territory of protective measures zones;
6) develops and approves instructional and methodological documents on the prevention, diagnosis, clinic and treatment of acute and chronic injuries from toxic substances, carrying out restoration and rehabilitation measures for citizens engaged in work with chemical weapons, providing emergency medical care in the event of emergency situations in connection with with carrying out the specified work;
7) organizes and carries out sanitary, anti-epidemic and treatment and preventive measures when carrying out work on the storage and destruction of chemical weapons, conversion or destruction of facilities for their production and development;
8) organizes medical care (prevention, diagnosis, treatment, restoration and rehabilitation measures, provision of emergency medical care in the event of emergencies) for personnel of facilities for the storage and destruction of chemical weapons, as well as citizens living in zones of protective measures;
9) organizes medical care for international inspection teams of the Organization on the territory of the Russian Federation, including at inspected facilities, in accordance with procedures agreed with the Organization;
10) carries out scientific medical and hygienic support of work on the destruction of chemical weapons, the destruction or conversion of facilities for the production and development of chemical weapons, the development of effective antidote therapy and medicines.
26. The Board of the Military-Industrial Commission of the Russian Federation forms, on the basis of proposals from the Ministry of Industry and Trade of the Russian Federation, agreed with the interested federal executive authorities, a state defense order in terms of work to fulfill the international obligations of the Russian Federation in the field of chemical disarmament, monitors the implementation of state tasks defense order regarding the destruction of chemical weapons.