Contract bidding is required. Types of contract bidding and their participants

Right international organizations- a branch of international law, the principles and norms of which determine the procedure for the establishment of inter government agencies and organizations, as well as their status and functions.

In most cases, the law of organizations does not include norms on international conferences and other international bodies. Meanwhile, by their nature and functions, these bodies are very close to organizations. Professor B.M. Ashavsky, who contributed huge contribution in the study of the nature of conferences, notes the genetic link between conferences and organizations. But this is not the end of it. Sessionally operating conferences are very close to organizations and are often transformed into them. The Conference on Security and Cooperation in Europe (CSCE) has become the Organization for Security and Cooperation in Europe (OSCE). Some organizations, even in the official name, retain the term "conference" (Organization of the Islamic Conference).

The foregoing applies no less to international bodies, which differ from conferences in the permanent nature of their functioning, and from organizations - in a more limited legal status. All this gives reason to consider the rules relating to international conferences and bodies as part of the law of organizations.

In the context of globalization, the tendency towards the strengthening of the role of international organizations is more and more noticeable. The growing interconnectedness of states reduces the scope of problems that the state can solve on its own. The solution of international problems vital for each state is possible only by organized collective efforts. Moreover, today the success in solving an increasing number of internal problems depends on it. As a result, the number of international organizations is growing and their functions are expanding. The process of institutionalizing the international community is deepening. It is safe to say that today international system could not function normally without a developed complex of organizations.

International organizations play an important role in the functioning of international law. This applies to both the law-making process and law enforcement. Noting these moments, G.I. Tunkin reasonably emphasized that the role of international organizations will grow in the future.

Under the pressure of the demands of life, changes occur in the functions of organizations without changing their charters, their powers and influence on states are growing. The scope of activity is expanding, which covers all new areas, its mechanism is being improved. At the same time, the challenges facing organizations are becoming more and more serious, and this, in turn, dictates the need for new methods. Increasingly, one has to think not about settling what has happened, but about preventing unwanted development that could lead to a catastrophe. In the activities of organizations, primarily the UN, the importance of preventive diplomacy is growing.

The organization has integral qualities, i.e. such that none of its members have. It is not a sum of members, but a system of their interaction, which significantly increases its potential. Participation in the organization opens up new opportunities for each state.

The main body of the law of organizations is formed by the norms of their constituent acts, as well as treaties related to organizations, for example, the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations in 1986. The number and role of customary norms in this industry is growing.

The internal law of international organizations occupies a special place. The charter is not in a position to settle all issues related to the activities of such an organization. Therefore, the solution of a significant amount of specific issues internal activities provided to the organization itself, the body. Such issues include procedural rules, rules governing the activities of personnel, etc.

The internal law of international organizations regulates intra-organizational activities, and not relations between states. Organizations are not empowered to create norms of international law. Therefore, their domestic law does not have the qualities of international law. It has a specific binding force required to regulate intra-organizational activities. Compliance with internal law is ensured by the means of the organization itself. It is on a special variety of international norms, the object of which is intra-organizational relations, including those involving individuals... In one case, they relate to the administrative law of organizations, in the other - to their labor law.

Thus, the presence of a developed law of organizations is one of the characteristic features modern international law.

The Vienna Convention on the Law of Treaties (Article 5 of this Convention) applies to any treaty that is a constituent instrument of an international organization.

The constituent act characterizes the legal personality of an international organization, bearing in mind its derivative and functional state (see Chapter 2). The constituent act fixes the goals and objectives of the organization., Its organizational structure, powers and procedure for the activities of its bodies, resolves administrative, budgetary and other issues. An important place in the act is occupied by norms on membership - on the original members, the procedure for admitting new members, the possibility of sanctions, up to and including expulsion from the organization. The regulation of the immunities and privileges of an organization is either part of of the constituent instrument, or it is carried out through the adoption of a special instrument (for example, the Convention on the Privileges and Immunities of the United Nations).

The same category includes organizations that do not have universal meaning, but going beyond the regional boundaries in their interests and composition. It takes into account group political, economic, social needs. Let us name the Organization for Economic Cooperation and Development, consisting of 24 states in different regions of the globe, the Organization of the Islamic Conference, covering about 50 states in which the dominant or predominant religion is Islam, as well as operating in 1949-1992. The Council for Mutual Economic Assistance, uniting 10 states of the then socialist community (USSR, Eastern European states, Mongolia, Vietnam, Cuba).

The classification of organizations is also possible on the basis of the scope and nature of their powers. Organizations are allocated accordingly general competence(UN, Organization of African Unity, Commonwealth of Independent States, Organization for Security and Cooperation in Europe) and special competence(International Civil Aviation Organization, World trade Organization, which replaced in 1994 the General Agreement on Tariffs and Trade, the International Monetary Fund, the Universal Postal Union, etc.).

Some interstate institutions, which are called bodies, committees, rather than organizations, have the status of an international organization with a corresponding legal personality. This is the International Seabed Authority established by the 1982 UN Convention on the Law of the Sea (working title - the Authority), of which all States parties to the Convention are members. This Authority, according to Part 1 of Art. 157 of the Convention, is the organization through which States organize and control activities in the seabed, especially for the management of its resources.

In accordance with the 1992 Convention on the Conservation of Anadromous Species in the North Pacific, the North Pacific Anadromous Fish Commission was established as an international organization to promote the conservation of anadromous stocks in the convention area.

A special kind of international organizations are interdepartmental organizations. When creating such organizations and in the course of their activity, the relevant ministries and other departments exercise the powers of state bodies within the limits of domestic legal norms. At the same time, the decision of the issue of participation in this or that organization belongs to the competence of the government, and all subsequent contacts with the bodies of the organization are carried out through the relevant department.

The activities of the International Criminal Police Organization (Interpol) are built on an interdepartmental basis, the members of which, according to the Charter, are competent police bodies that have powers on behalf of their states (for the status and functions of Interpol, see Chapter 15).

In February 1993, a resolution of the Government of the Russian Federation "On the entry of the Russian Federation into the International Civil Defense Organization" was adopted. Given its interdepartmental nature, the functions of the lead coordinating agency for participation in this organization, including representation in its bodies, were entrusted to State Committee RF (now - the RF Ministry) for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters; he was instructed to formalize the entry of the Russian Federation into this organization.

The legal nature of an international organization

An international intergovernmental organization, as noted in the chapter "Subjects of International Law", has a derivative and functional legal personality and is characterized by the following features.

Secondly, it exists and operates within the framework of the constituent act, which determines its status and powers, which gives its legal capacity, rights and obligations a functional character.

Thirdly, it is a permanent association, which is manifested in its stable structure, in the system of its permanent organs.

Fourthly, it is based on the principle of the sovereign equality of the member states, while membership in the organization is subject to certain rules characterizing the participation of states in the activities of its bodies and the representation of states in the organization.

Fifthly, states are bound by resolutions of the organs of the organization within the limits of their competence and in accordance with the established legal force of these resolutions.

Sixth, each international organization has a set of rights inherent in a legal entity. These rights are recorded in the constituent act of the organization or in a special convention and are implemented taking into account the national legislation of the state on the territory of which the organization performs its functions. As a legal entity, it is competent to enter into civil transactions (conclude contracts), acquire property, own and dispose of it, initiate proceedings in court and arbitration, and be a party to legal proceedings.

Seventh, an international organization has privileges and immunities that ensure its normal activities and are recognized both at the location of its headquarters and in any state in the exercise of its functions.

Internal law of international organizations.This term is used to refer to the norms created in each organization to regulate the intra-organizational mechanism and those relations that develop between the bodies, officials and other employees of the organization. The most important component of this right is the rules of procedure of the authorities.

From a legal point of view, the norms on the status of persons who are part of the organization's personnel are of significant importance. Elected or appointed high-ranking officials and contracted staff members belong to the international civil service and, during their term of office, should not be directed or influenced by their governments in the performance of their duties. They are accountable only to the organization and its highest official - the general secretary or director. At the end of their service life, they are provided with the payment of pensions from the organization's fund.

United Nations: Charter, Purposes and Principles, Membership

The possibility of changing the Charter is provided. It should be noted that there are differences between the amendments to the Charter (Art. 108) and the revision of the Charter (Art. 109). Amendments, that is, changes to certain provisions of the Charter, which are of a private nature, are adopted by the UN General Assembly by a two-thirds vote of the members and come into force for all members of the Organization after they have been ratified by two-thirds of the members of the Organization, including all permanent members of the Security Council. Consequently, without the consent of any of the permanent members of the Security Council (USSR, USA, Great Britain, France, China), no amendment to the Charter will acquire legal force. At the same time, the amendments that have entered into force are also binding for those states that either did not vote for this or that amendment, or, having voted for the amendment, have not yet ratified the corresponding document. The General Assembly adopted amendments to certain Articles of the Charter at the XVIII, XX and XXVI sessions in 1963, 1965 and 1971. All these amendments are related to the expansion of the composition of two UN bodies: the Security Council and the Economic and Social Council (Articles 23, 27, 61 and 109, and Article 61 was amended twice).

For revision The Charter requires the convening of a General Conference of the Members of the Organization, which is allowed only by decision or with the consent of two-thirds of the members of the General Assembly and nine (out of fifteen) members of the Security Council. A decision to amend the Charter, taken by the General Conference (two thirds of the participants), comes into force only if it is ratified by two thirds of the Members of the Organization, including all permanent members of the Security Council. Thus, in this case, the change in the Charter is conditional on the consent of all five permanent members of the Security Council.

The stability of the Charter as a fundamental document of the United Nations in no way means the invariability of the legal status and functions of the Organization. On the contrary, with progressive development international relations and international law, strengthening the universal character of the UN and democratic tendencies in its activities, there is a constant enrichment of its structure, competence and forms of functioning of its bodies. But such enrichment is based on the norms of the Charter, on the strict observance of its goals and principles.

Purposes and principles of the UN. In accordance with Art. 1 of the Charter of the United Nations has the following objectives:

1) maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to peace, as well as suppress acts of aggression or other violations of the peace and carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations that could lead to the disruption of the peace; 2) develop friendly relations between nations based on respect for the principle of equality and self-determination of peoples, as well as take other appropriate measures to strengthen global peace; 3) to carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in the promotion and development of respect for human rights and fundamental freedoms for all, without distinction of race, sex, language and religion; 4) to be a center for coordinating the actions of nations in achieving these common goals.

According to Art. 2 of the Charter, in order to achieve the stated objectives, the Organization and its members act in accordance with following principles: 1) sovereign equality of all members of the Organization; 2) conscientious fulfillment of the obligations assumed; 3) settlement of international disputes by peaceful means in such a way as not to endanger international peace and security; 4) refraining in international relations from the threat or use of force, both against the territorial inviolability or political independence of any state, and in any other way incompatible with the goals of the UN; 5) rendering the UN by its members all possible assistance in all actions undertaken by it in accordance with the Charter; 6) ensuring that non-UN member states act in accordance with the principles of the Charter; 7) non-intervention of the UN in matters within the internal competence of any state.

The principle of the sovereign equality of its members is of paramount importance for assessing the legal nature of the UN as an organization of interstate cooperation and as a subject of international law.

The United Nations Organization, in fulfilling its functions, enters through the appropriate bodies into certain legal relations with the member states, and, under certain circumstances, with other states that are not members of the UN, as well as with international organizations.

Membership in the Organization. The members of the United Nations are sovereign states. The procedure for registration of membership in the Organization differs initial and newly admitted members.

The original members are those states that took part in the founding conference in San Francisco in 1945, signed and ratified the UN Charter.

The procedure for admitting new members to the Organization is defined in Art. 4 of the UN Charter, as well as the rules of procedure of the General Assembly and the rules of procedure of the Security Council.

According to Art. 4 of the Charter, admission to UN membership is open to all peace-loving states that will assume the obligations contained in the Charter and which, in the judgment of the Organization, are able and willing to fulfill these obligations.

In accordance with the rules of procedure, a state wishing to become a UN member submits an application to the UN Secretary General.

Reception is made by a decision of the General Assembly on the recommendation of the Security Council. The application is initially reviewed by the Security Council's Admission Committee, which reports to the Council with its findings. A Security Council recommendation for admission is valid if at least nine members of the Council, including all permanent members, vote in favor. At a session of the General Assembly, admission is decided by a two-thirds majority of the members of the Assembly present and voting.

The question of the membership of the new states, which were union republics within the USSR, was resolved as follows. When the Commonwealth of Independent States was created, a general agreement was reached to support Russia in continuing the USSR's membership in the UN, including permanent membership in the Security Council. On this basis, on December 24, 1991, the President of Russia sent a message to the UN Secretary General with information that the membership of the USSR in the UN continues The Russian Federation, and with a request to use the name “Russian Federation” instead of the name “Union of Soviet Socialist Republics”, recognizing the credentials of the respective representatives. As stated, the Russian Federation retains full responsibility for all the rights and obligations of the USSR in accordance with the UN Charter.

Other states - former republics as part of the USSR - formalized their membership in the UN by submitting applications for admission in accordance with Art. 4 of the Charter. This procedure did not apply to Ukraine and the Republic of Belarus, which were the original members of the UN.

UN member states have permanent missions to the Organization.

The exclusion of a state from the UN, according to the Charter, can be made for a systematic violation of the principles contained in the Charter. This decision is taken by the General Assembly on the recommendation of the Security Council. The possibility of a state's withdrawal from the Organization is not envisaged, but it is, as it were, presumed, since the UN is a voluntary association of sovereign states.

Along with membership in the UN, the status of permanent observers of a number of states that are not members of the UN has developed.

Legal capacity, privileges and immunities. According to Art. 104 of the Charter, the United Nations enjoys on the territory of each UN member state "such legal capacity as may be necessary for the performance of its functions and the achievement of its goals."

The legal capacity provided for the UN encompasses the manifestations in its activities of both the properties of a subject of international law and elements of civil legal capacity and legal capacity as a legal entity under the relevant national law.

In the Convention on the Privileges and Immunities of the United Nations (Section 1), the UN is characterized as a legal entity authorized to conclude contracts, acquire and dispose of immovable and movable property, and initiate proceedings in court.

The Charter (Article 105) endowed the UN with privileges and immunities necessary to achieve its goals. Specifying the norm of the Charter, this Convention determines that the premises of the UN are inviolable, and its property is not subject to search, confiscation or any other form of interference.

Representatives of states in UN bodies and officials of the Organization also enjoy such privileges and immunities that are necessary for them to independently perform their functions related to the activities of the UN. These include immunity from arrest, detention, judicial responsibility for acts committed as officials... As for the UN Secretary General and his assistants, they are fully covered by diplomatic privileges and immunities.

Privileges and immunities are granted to officials in the interests of the UN and not for their personal gain. Therefore, the Secretary General, as stated in sect. 20 of the Convention, “has the right and obligation to waive the immunity accorded to any official where, in his opinion, the immunity impedes the administration of justice and can be waived without prejudice to the interests of the United Nations”. With regard to the Secretary General, the right to waive immunity rests with the UN Security Council.

At the end of 1994, the UN General Assembly adopted and opened for signature the Convention on the Safety of UN and Associated Personnel. States parties to the Convention have undertaken to criminalize those who commit attacks against UN personnel and to ensure concerted action in the fight against such attacks.

District Headquarters The UN stationed at its headquarters in New York (Manhattan), in accordance with the agreement between the UN and the US Government, is "under the control and authority" of the UN and is inviolable. Federal and other US officials should not enter this area to carry out any official duties except with the permission of the Secretary General and on his terms. The procedure for carrying out judicial procedural actions in the region is similar.

The UN is competent to issue the rules necessary for the successful fulfillment of its functions in the Headquarters area.

At the same time, it was established that outside these frameworks within the region, federal and other acts of the United States are applied, and the acts and transactions performed here are subject to the jurisdiction of federal and other US courts, which must take into account the UN rules when considering such cases. The UN must prevent this area from serving as a safe haven for individuals seeking refuge from arrest under American law or required by the United States Government to extradite them to another state.

The United Nations establishes its offices in individual states. Their legal status can be shown on the example of the United Nations Office in the Russian Federation, established in accordance with the Agreement between the Government of the Russian Federation and the United Nations of June 15, 1993. This office is constituted as an "organizational unit" through which the UN provides assistance and cooperation on programs in Russian Federation. It represents not only the United Nations, but also its bodies and funds, including the United Nations Commissioner for Refugees, the United Nations Environment Program (UNEP), the United Nations Children's Fund (UNICEF), and the United Nations Drug Control Program.

The Representative Office cooperates with the Government of the Russian Federation in the framework of programs aimed at promoting economic development and social progress and the provision of humanitarian assistance through, inter alia, research, technical cooperation, training and information dissemination.

Article III of the Agreement characterizes "legal personality and legal capacity". The UN, its bodies, programs, funds and the Representation are authorized to: a) conclude agreements; B) acquire movable and real estate and dispose of it;

c) initiate proceedings in court. Determining the status of the Representative Office, the Agreement establishes that its premises, property and assets are inviolable, not subject to search, confiscation, or any other form of interference. The competent authorities of the Russian Federation provide assistance in ensuring the safety and security of the Representative Office. Its head and senior officials enjoy the same privileges and immunities as diplomats.

In Moscow, as in many other capitals of states, there are Information Center UN, which is accredited by the Russian Ministry of Foreign Affairs. It is the main source of information for federal government agencies, officials, educational institutions, scientific institutions, the media and citizens with the activities of the UN, its official documents and other materials. The Center also provides the UN Secretariat with information about its events in Russia dedicated to the Organization.

UN system

As principal organs The United Nations is named in its Charter as the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Trusteeship Court, and the Secretariat. If necessary, it is possible to create subsidiary bodies (Art., 7) The main UN bodies are characterized by a special legal status, their powers and relationships are fixed in the UN Charter. However, in its own way legal status, and in terms of their real meaning, the main bodies named in the Charter are far from equivalent. Central to the UN system are the Security Council and the General Assembly.

Subsidiary bodies are formed in most cases by decision of the General Assembly, the Security Council, the Economic and Social Council, which coordinate their activities, hear reports, make their recommendations.

In modern conditions, significant work is carried out by such bodies as the United Nations Conference on Trade and Development (UNCTAD), headed by the Council for Trade and Development, the United Nations Industrial Development Organization (UNIDO), headed by the Industrial Development Council, the United Nations Environment Program ( UNEP), headed by the Board of Governors and others.

As a rule, UN bodies consist of member states of this Organization, either from all members (General Assembly), or from a specified number of members (Security Council, Economic and Social Council, Committee on the Peaceful Uses of Outer Space, etc.).

Each state that is part of the corresponding body is represented in it by an official (representative) or delegation appointed by that state.

The charter (other constituent act) determines organizational structure and the powers of the authorities. Thus, within the framework of UNESCO, the General Conference, the Executive Board and the Secretariat, headed by director general; within the framework of the International Maritime Organization - Assembly, Council, Committees and Secretariat headed by the Secretary General. It is possible to establish representative offices of the Organization in certain states. In 1989, an Agreement was signed between UNESCO and the Government of the USSR on the establishment and operation of the UNESCO Office in the USSR (currently in the Russian Federation). The Director of the Bureau is the representative of UNESCO in the Russian Federation. In Member States, so-called National Cooperating Bodies can be established. An example is the Commission for UNESCO, operating in the Russian Federation.

It should also be noted the creation in 1993 of the Interdepartmental Commission on the participation of the Russian Federation in the international organizations of the UN system, which is endowed with coordination functions.

Regional international organizations (general characteristics)

To recognize an organization as a regional one, it is necessary:

1) the spatial unity of the member states, their location within a more or less integral region;

2) the spatial limitation of the goals, tasks and actions of the Member States, that is, a functional orientation corresponding to the subject composition without claims to intervene in matters that go beyond the regional coordination framework.

One of the characteristics of the Organization for Security and Cooperation in Europe (OSCE), which was preceded by the Conference on Security and Cooperation in Europe (CSCE), is its complex composition. The United States of America and Canada participated in the formation of the CSCE along with European states. At present, the OSCE unites all European states without exception, two North American countries and all former Soviet republics of the USSR, including the Central Asian republics and Kazakhstan, which obviously does not destroy the European basis of the OSCE, since it takes into account the real interests and legal aspects of the succession of the respective states. ...

From the standpoint of regional regulation, the features of the North Atlantic Treaty Organization (NATO) are controversial. The military-political bloc formed in 1949 united both the states of North America (USA, Canada) and Western Europe (Great Britain, France, Norway, etc., later - Germany, Spain); and then Southeast Europe. (Greece, as well as Turkey, most of which is in Asia). With regard to the initially outlined regional principle of ensuring security in the North Atlantic region, it should be noted that subsequently it was officially expanded at the expense of the Mediterranean Sea area, and in fact began to cover other "European states (for example, the territory of the former Yugoslavia) and the Middle East region. - and above all, the unilateral military operations of NATO that go beyond the mandate of the UN Security Council - contradict the principles of regionalism.

The Russian Federation, opposing plans to expand NATO to include the countries of Eastern Europe (at the first stage - Poland, the Czech Republic and Hungary), as well as the Baltic states, does not reject the possibility of coordinating mutual relations in the interests of maintaining peace and stability in Europe.

The Euro-Atlantic Partnership Council and the joint program "Partnership for Peace" can play a positive role in ensuring coordination between NATO member states and non-NATO countries.

On May 26, 1997, the Founding Act on Mutual Relations, Cooperation and Security between the Russian Federation and the North Atlantic Treaty Organization was signed in Paris, defining the mechanism of consultations, as well as joint decision-making and joint actions. The Russia-NATO Permanent Joint Council has been established.

The fate of NATO is closely related to the state and prospects of the OSCE. From the standpoint of international law, both the opposition of these associations and, especially, attempts to ensure NATO's dominant role with references to long-term traditions and greater efficiency are unacceptable. Bearing in mind that the basis of the OSCE is all European states without exception and that the OSCE documents define clear guidelines for its pan-European activities, it is advisable to revitalize the OSCE as the main interstate mechanism for security and co-operation in Europe with simultaneous efforts to improve NATO as an instrument of assistance to the OSCE.

The Representation of the Russian Federation is accredited at the NATO headquarters in Brussels. The Interdepartmental Commission of the Russian Federation was established for interaction with NATO and the implementation of the Founding Act.

Organization for Security and Co-operation in Europe

Over the twenty years of its existence, the Conference on Security and Cooperation in Europe (CSCE) as an international legal institution from an international conference - a mechanism of multilateral interstate negotiations and consultations held in the form of regular meetings - has evolved to an international organization - the Organization for Security and Cooperation in Europe ( OSCE).

As an international conference, the CSCE was held in accordance with the rules traditionally established in the practice of such meetings, as well as its own rules of procedure. Important elements of this procedure were the following provisions: The meeting is being held "outside military alliances"; states participate in the Conference "in conditions of complete equality"; decisions of the Meeting are taken on the basis of consensus, which is defined “as the absence of any objection whatsoever expressed by any representative and put forward by him as representing an obstacle to a decision on the issue under consideration”.

The Meeting was initially represented by 35 states, including 33 European, as well as the United States and Canada.

As a result of the meeting at the highest level in Helsinki, July 30 - August 1, 1975, the Heads of State and Government signed the Final Act, which includes a preamble and five sections: "Questions Relating to Security in Europe", "Cooperation in the Field of Economics, Science and Technology and environment"," Questions related to security and cooperation in the Mediterranean "," Cooperation in humanitarian and other fields "," Next steps after the meeting ".

The most important part of the first section was the "Declaration of principles by which the participating states will be guided in mutual relations", in which the well-known principles of the UN Charter are reproduced and concretized; at the same time, norms on the inviolability of borders, on the territorial integrity of states, on respect for human rights and fundamental freedoms have been raised to the rank of principles, provisions have been formulated that determine their content.

In addition, it contains new norms for international law on confidence-building measures, which include preliminary notifications of military exercises and troop movements, invitation of observers, exchange of military personnel, including visits by military delegations.

In other sections, recommendations are given on concerted actions in various areas of cooperation, including legally significant provisions governing contacts between people, including family reunification and marriages between citizens of different states, the procedure for disseminating and exchanging information, cooperation and exchanges in the field of culture, education.

The participating States declared their determination “to take due account of and implement the provisions of the Final Act of the Meeting” and “to continue the multilateral process initiated by the Meeting”, in particular by holding new meetings at various levels. These include the 1980-1983 Madrid meeting, the 1984-1986 Stockholm Conference on Confidence- and Security-Building Measures and Disarmament in Europe, the 1986-1989 Vienna Meeting, the Paris Summit in November 1990. , in Helsinki in July 1992 and in Budapest in December 1994, in Lisbon in 1996. Within the framework of the Meeting, three meetings of the so-called Conference on the Human Dimension of the CSCE were held (including in Moscow in 1991), several meetings experts in the peaceful settlement of disputes.

The Act "Charter of Paris for a New Europe" signed as a result of the meeting in Paris on November 21, 1990, developing its provisions, the document of the meeting in Helsinki "Challenge of the time of change" of July 10, 1992 and adopted at the meeting in Prague on January 30–31, 1992 The document on the further development of the institutions and structures of the CSCE marked a fundamentally new stage in the status and activities of the CSCE.

In the Helsinki Document, the heads of state stated that they view the CSCE "as a regional agreement in the sense that it is stated in Chapter VIII of the Charter of the United Nations." This status was recognized by the UN General Assembly, which at its 48th session in 1993 granted the CSCE official observer status at the UN.

The creation of an economic and monetary union goes through three stages. At the first stage (even before the signing of the Maastricht Treaty), the liberalization of the movement of capital within the Union, the completion of the formation of a single market, and the development of measures to bring macroeconomic indicators closer together should be ensured. On the second (until the end of 1998) - the establishment of the European Monetary Institute, the development of the base European system central banks led by the European the central bank(ECB), preparations for the introduction of a single currency - the euro, common economic policy by defining "benchmarks" and implementing multilateral monitoring of their observance. The third stage should be completed by mid-2002 with the beginning of the functioning of the ECB, the implementation of a single monetary policy, the introduction of the European currency into non-cash, and then into cash circulation.

The political union encompasses general foreign policy and security, justice and home affairs. Politics and security are aimed at ensuring the common European values ​​and fundamental interests of the EU through the coordination of positions and joint actions, including of a military nature. Justice and home affairs cover a wide range of issues from the right to movement, the introduction of uniform passports, to the cooperation of courts in criminal matters.

The agreement provides for the introduction of a single EU citizenship, which is also unknown, not a single international organization. This is accompanied by the consolidation of some political rights, in particular electoral ones. Every citizen residing in another member state of the Union has the right to elect and be elected in municipal elections and elections to the European Parliament.

The bodies of the EU are the European Council, the Council of Ministers, the Commission, the European Parliament, the Court.

European Council - the supreme body of the Union - is a periodic meeting of the heads of state and government, at which they agree general principles Union policies. Council of Ministers- these are monthly meetings of ministers on relevant issues (separately - ministers of foreign affairs, economy and finance, Agriculture). EU Commission - the main executive permanent body of the Union, coordinating and monitoring the implementation of EU policies, with the right to issue binding directives. The Chairman of the Commission and its members have a 4-year term of office. The apparatus includes 23 general directorates, which are, as it were, small ministries. European Parliament includes 518 deputies, directly elected by the entire adult population of the EU countries for 5 years. Previously, the parliament was an advisory body, now it is endowed with real legislative and control powers and is connected to participation in decision-making in such important areas as legislative, financial, foreign policy. Among the new functions are the appointment of an ombudsman, the acceptance of petitions, the creation of committees of inquiry.

EU court(13 judges and 6 advocates general) has the power of the supreme judicial power in the area of ​​EU jurisdiction. It is empowered to assess the legitimacy of the actions of the institutions of the Union and the governments of the member states in the interpretation and implementation of the treaty norms of the Union. The court resolves disputes (in specific cases) between the EU member states and between them and EU bodies. He is also competent in the field of legal assessment of acts of EU bodies.

The European Union is an independent subject of international law. It develops broad international relations with other organizations, with states, is a party to agreements, has more than 100 foreign representations, including in the Russian Federation. On June 24, 1994, a Partnership and Cooperation Agreement was signed on the island of Corfu, establishing a partnership between the Russian Federation, on the one hand, and the European Communities and their member states, on the other.

The Council of Europe as a regional international organization has existed since 1949. It was established by ten Western European states, and now it covers almost the entire European space. There are 40 member states of the Council of Europe, including the Russian Federation since February 28, 1996.

The founding documents of this organization are the Statute of the Council of Europe dated May 5, 1949 and the General Agreement on the Privileges and Immunities of the Council of Europe dated September 2, 1949.

Russia's accession to the Council of Europe was preceded by certain measures, which included both the accession of the Russian Federation to a number of European conventions, which did not stipulate participation in them with membership in the Council of Europe, and a set of measures approved by the decree of the President of the Russian Federation of February 13, 1996. A few days earlier, 25 January 1996, the Parliamentary Assembly of the Council of Europe considered the application of Russia, filed back on May 7, 1992, recommended the Committee of Ministers to invite the Russian Federation to become a member of the Council of Europe, accompanying the invitation, formulated in the form of Conclusion No. 193 (1996), with wishes in the form of 25 points , which were designated as obligations assumed by Russia. The procedure for the accession of the Russian Federation to the Charter of the Council of Europe and to the General Agreement on Privileges and Immunities of the Council of Europe took only 4 days: the corresponding federal laws on accession were adopted by the State Duma on February 21, approved by the Federation Council on February 22, signed by the President of the Russian Federation on February 23, entered into force February 24, 1996

The official reception at the ceremony in Strasbourg on February 28, 1996 was accompanied by the signing on behalf of the Russian Federation of a number of European conventions.

According to the Charter, “the aim of the Council of Europe is to achieve greater unity among its members in the name of protecting and realizing the ideals and principles that are their common heritage and to promote their economic and social progress” (Art. 1). In accordance with Art. 3 each member of the Council must recognize the rule of law and ensure that all persons under its jurisdiction enjoy the rights and fundamental freedoms.

Cooperation to achieve this goal includes the conclusion and implementation of conventions, protocols and agreements, the number of which has reached 170. Traditionally, they are called European conventions, which are devoted to human rights, education, culture, health, social security, sports, development of civil, environmental, administrative law , criminal law and process. Among them, the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), together with eleven protocols supplementing or amending its individual provisions, the European Social Charter (1961, revised in 1996), the European Convention on Nationality (1998 g.), European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), Framework Convention for the Protection of National Minorities (1995), European Charter of Local Self-Government (1985), a number of acts of criminal law and of a procedural nature - on extradition (1957), on mutual assistance in criminal cases (1959), on the transfer of criminal proceedings (1972), on the transfer of convicted persons (1983), on compensation for victims of violent crimes (1983), on laundering, identification, seizure and confiscation of proceeds of crime (1990).

Bodies of the Council of Europe:

Committee of Ministers, composed of the foreign ministers of the member states or other members of governments. The Committee adopts opinions on the issues under consideration in the form of recommendations to governments. On certain issues, its decisions are binding.

Parliamentary Assembly, including representatives of each member state, elected (appointed) from the composition of its parliament. Various representations are envisaged: from Germany, Great Britain, France, Italy, Russia - 18 each, from Spain, Turkey, Ukraine - 12 each, from Greece, Belgium, etc. - 7 each, from Austria, Bulgaria, etc. - 6 each, from the rest - 5, 4, 3, 2 representatives. The Assembly is an advisory body that makes recommendations to the Committee of Ministers.

Congress of Local and Regional Authorities of Europe, representing the relevant authorities of the member states and including delegations from territorial entities (according to quotas established for the Parliamentary Assembly). His work takes place in the Chamber of Local Authorities and the Chamber of Regions.

Secretariat, which is the administrative body of the Council of Europe and is headed by the Secretary General (elected by the Parliamentary Assembly for a 5-year term).

The Convention for the Protection of Human Rights and Fundamental Freedoms provided for the creation of two special bodies - the European Commission on Human Rights and the European Court of Human Rights. All Council of Europe member states were represented on both the Commission and the Court. Protocol No. 11 to the Convention has reorganized - replacing the Commission and the Court with a single permanent body - the European Court of Human Rights (see § 6 Ch. 10).

The headquarters of the Council of Europe is located in Strasbourg (France). The Permanent Mission of the Russian Federation is accredited at the headquarters. The official languages ​​are English and French. A translation of a convention or other document into a language not recognized as an official one is called a version (for example, a translation into Russian is a Russian version). However, in relation to a text that has passed the procedure of ratification in the supreme body of the state and is published in an official publication, the term "official translation" is used. Such an explanation is given when the Statute of the Council of Europe, the General Agreement on the Privileges and Immunities of the Convention for the Protection of Human Rights and Fundamental Freedoms and other acts are published in the Collection of Legislation of the Russian Federation.

The Interdepartmental Commission of the Russian Federation for Council of Europe Affairs was established as a coordinating body.

Commonwealth of Independent States

Creation of the CIS. In a complex political situation connected with centrifugal tendencies within the USSR and attempts to replace the USSR with a confederal entity in the form of a Union of sovereign states, the leaders of the three republics that are part of the USSR - the Republic of Belarus, the Russian Federation (RSFSR) and Ukraine - signed on December 8, 1991 the Agreement on the creation of the Commonwealth of Independent States (CIS) and stated in this document that " Soviet Union as a subject of international law and geopolitical reality ceases to exist. "

After additional and broader contacts, the leaders of eleven former Soviet republics signed on December 21, 1991 the Protocol to the Agreement, in accordance with which the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Russian Federation (RSFSR) , The Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan and Ukraine "on an equal footing and as the High Contracting Parties form the Commonwealth of Independent States." At the same time, the Alma-Ata Declaration was adopted.

In the process of ratification of the Agreement and its Protocol in a number of states, complex problems arose, which were basically settled. On December 9, 1993, the Republic of Georgia joined the CIS. At present, the Commonwealth unites 12 states - formerly the union republics of the USSR (only the Baltic states do not participate in the CIS - the Republics of Lithuania, Latvia and Estonia).

A little over a year after the proclamation of the CIS, the Charter of the Commonwealth of Independent States was adopted. The corresponding decision was adopted by the Council of CIS Heads of State on January 22, 1993 and signed by the leaders of seven states - the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan; it was later joined by the Republic of Azerbaijan (September 24, 1993), the Republic of Georgia (December 9, 1993), and the Republic of Moldova (April 15, 1994).

At the same time, the leaders of all CIS states, including those not yet participating in the Charter, adopted a Statement in which they expressed a general positive position regarding the potential and increasing efficiency of the CIS's activities in the economic and political fields. The same document says that "The decision on the CIS Charter is open for signing by those states that are ready for this."

CIS Charter. The Agreement on the Establishment of the CIS, the Protocol to it and the Charter of the CIS constitute a set of constituent acts of the Commonwealth, at the same time, from the point of view of content and prospects, the Charter (at least for the states that recognized it) is of paramount importance.

The CIS Charter consists of a preamble and nine sections with 45 articles. It refers to the generally recognized principles and norms of international law, the provisions of the UN Charter, the Final Act and other CSCE documents.

In sect. I defined the goals of the Commonwealth, covering all spheres of interstate cooperation without exception. In Art. 3 reproduces the basic principles of international law, supplemented by such provisions as the rule of law in interstate relations and the spiritual unity of peoples, which is based on respect for their identity and the preservation of cultural values.

The Charter, as well as the Agreement of December 8, 1991, defines the areas of joint activities implemented through common coordinating institutions.

Section II is devoted to membership, III - collective security and military-political cooperation, IV - conflict prevention and resolution of disputes, V - cooperation in the economic, social and legal fields.

The largest section in terms of volume. VI regulates the structure, status, powers, procedure for the activities of the bodies of the Commonwealth.

It provides for the ratification of the Charter by the founding states in accordance with their constitutional procedures, the submission of the instruments of ratification to the Government of the Republic of Belarus and the entry into force of the Charter in one of two options - either for all founding states from the moment of delivery of the charters by all such states, or for the founding states, those who handed in their letters one year after the adoption of the Charter. On behalf of the Russian Federation, the Charter was ratified by its Supreme Council on April 15, 1993. Other states that adopted the Charter, ratified it during 1993. The last - January 18, 1994 - was done by the Republic of Belarus. Consequently, the CIS Charter came into force by the end of a year after its adoption.

The legal nature of the CIS. Neither the initial constituent acts, nor the CIS Charter contain a clear description of the legal nature of the Commonwealth, its legal status. The Alma-Ata Declaration was limited to only a negative thesis that "the Commonwealth is neither a state, nor a supranational entity." The CIS Charter includes (part 3 of Art. 1) a similar formula: "The Commonwealth is not a state and does not have supranational powers."

A proper assessment cannot be limited to denial, it must include a positive decision. Denial of supranational status, supranational powers does not exclude the qualification of the CIS as interstate formation with coordinating powers.

With the development and improvement of the organizational structure of the CIS, and especially with the adoption of the Charter and the enactment of its norms, the legal nature of the CIS takes on a fairly clear outline.

1. The Commonwealth was created by independent states and is based on the principle of their sovereign equality, and it is this circumstance that is borne in mind when assessing the derivative legal personality of an international organization.

2. The Commonwealth has its own Charter, which fixes the stable functions of the CIS, its goals and areas of joint activity of the member states, and it is these features that characterize the functional legal personality of an international organization.

3. The Commonwealth has a clear organizational structure, an extensive system of bodies acting as coordinating interstate, intergovernmental and interdepartmental institutions (this is how they are qualified in separate acts of the CIS).

And although in the Charter itself only the member states are referred to as subjects of international law (part 1 of article 1), there are sufficient grounds to define the legal nature of the CIS as a regional international organization, as a subject of international law. On December 24, 1993, the Council of Heads of State adopted a Decision on certain measures to ensure international recognition of the Commonwealth and its statutory bodies. Among these measures is an appeal to the UN Secretary General with a proposal to grant the CIS observer status in the UN General Assembly. Such a resolution was adopted by the General Assembly in March 1994.

Membership in the CIS. The specifics of membership in the CIS, according to Art. 7 and 8 of the Charter, is that they differ:

a) the founding states of the Commonwealth are the states that have signed and ratified the Agreement on the Establishment of the CIS and the Protocol thereto by the time this Charter is adopted;

b) member states of the Commonwealth are those founding states that assume obligations under the Charter within one year after its adoption by the Council of Heads of State (i.e., before January 22, 1994);

c) acceding states are states that have assumed obligations under the Charter by acceding to it with the consent of all member states;

d) states with the status of an associated member are states that join the Commonwealth on the basis of a decision of the Council of Heads of State with the intention to participate in certain types its activities on the terms determined by the associate membership agreement.

The meaning of separating a special category of Member States from general composition states-participants, since in various articles of the Charter only one term "member-states" is used and, judging by the meaning, this refers to all states participating in the CIS, regardless of the moment of taking on obligations under the Charter.

The exit of the state from the Commonwealth is allowed, provided that such intention is notified 12 months before the exit.

Legal regulation of joint activities. The spheres of joint activities of the member states, implemented on an equal basis through common coordinating institutions, include (Article 7 of the Agreement and Article 4 of the Charter):

• ensuring human rights and fundamental freedoms;
• coordination of foreign policy activities;
• formation and development of a common economic space, customs policy;
• development of transport and communication systems;
• health and environmental protection;
• social and migration policy issues;
• the fight against organized crime;
• defense policy and protection of external borders. By mutual agreement of the Member States, the list may be supplemented.

Multilateral and bilateral agreements are considered as the legal basis for interstate relations.

Over the past period of the existence of the CIS, a rich experience of contractual cooperation in various fields has been accumulated. We can note such acts as the Collective Security Treaty of May 15, 1992, the Treaty on the establishment of Economic Union dated September 24, 1993, Agreement on cooperation in the field investment activities of December 24, 1993, Agreement on the Establishment of a Free Trade Area of ​​April 15, 1994, Agreement on Cooperation and Mutual Assistance in Customs Matters of April 15, 1994, Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993, etc.

System of organs of the CIS. In the structure of the CIS, there are two types of bodies: 1) bodies provided for by the Charter (statutory bodies), and 2) bodies created on the basis of agreements or by decision of the Council of Heads of State and the Council of Heads of Government (other bodies).

The first group includes the Council of Heads of State, the Council of Heads of Government (the decision on their creation was made on December 21, 1991), the Coordination and Consultative Committee, the Council of Foreign Ministers, the Council of Defense Ministers, the Council of Border Troops Commanders, the Economic Court, the Commission on human rights. The second group includes the Executive Secretariat, the Council of Heads of Foreign Economic Agencies, the Interstate Council for Antimonopoly Policy, the Interstate Council for Natural and Man-made Emergencies, the Bureau for Coordination of Combating Organized Crime and Other Dangerous Crimes in the CIS and many others. In most cases, an agreement or decision to create a body is accompanied by the approval of a statute on it.

States have permanent plenipotentiary representatives at the statutory and other bodies of the Commonwealth in order to maintain mutual relations, protect the interests of the represented state, participate in meetings of bodies, in negotiations, etc. territories of states that have recognized the institution of representatives, privileges and immunities granted to diplomatic agents.

On the basis of this international act, by a decree of the Government of the Russian Federation of June 11, 1996, the Regulation on the Permanent Mission of the Russian Federation to the statutory and other bodies of the CIS was approved. It is regarded as a diplomatic mission of the Russian Federation and is located in Minsk. As the legal basis for its activities, along with federal regulations, the norms of the Vienna Convention on Diplomatic Relations and other norms of international law are indicated.

Council of Heads of State is, according to Art. 21 of the Charter, the supreme body of the Commonwealth. It discusses and decides on fundamental issues of the activities of the member states in the sphere of their common interests and meets twice a year (extraordinary meetings are possible).

Council of Heads of Government coordinates the cooperation of the executive authorities of the member states and meets four times a year.

The decisions of both bodies are taken by common agreement - consensus. Any state can declare its lack of interest in a particular issue, which is not considered an obstacle to making a decision.

Advice Foreign Ministers (CFM) coordinates the foreign policy activities of the member states, interaction of diplomatic services, cooperation with the UN, OSCE and other international organizations, develops proposals for the Council of Heads of State and the Council of Heads of Government and ensures the implementation of their decisions. Ministerial meetings are held at least once every three months, decisions are made by general agreement.

Advice Defense Ministers (CMO) is in charge of military policy, military organizational development and security, coordinates the activities of the defense ministries (committees) of the member states, submits proposals to the Council of Heads of State and the Council of Heads of Government on the composition and mission of the Commonwealth Armed Forces, the principles of their training and material and technical support, on nuclear politics, etc.

The General Command of the Joint Armed Forces exercises control over them, as well as observer groups and collective peacekeeping forces in the Commonwealth.

Advice border commanders is competent in matters of protecting the external borders of the member states and ensuring a stable position on them.

Coordination and advisory committee is a permanent executive body of the Commonwealth. In pursuance of the decisions of the Council of Heads of State and the Council of Heads of Government, it develops proposals on cooperation within the CIS, organizes meetings of representatives and experts to prepare draft documents, ensures the holding of meetings of the Council of Heads of State and the Council of Heads of Government, and facilitates the work of other bodies.

Executive Secretariat is in charge of organizational and administrative issues of the CIS; it is headed by the Executive Secretary of the CIS.

Economic Court - a body for considering disputes based on statements by the CIS member states and Commonwealth institutions, as well as on the interpretation of legal issues (see § 5, Chapter 10).

Human Rights Commission is, according to Art. 33 of the CIS Charter, an advisory body overseeing the implementation of human rights obligations undertaken by member states within the Commonwealth. It consists of representatives of states and acts on the basis of the Regulations approved by the decision of the Council of Heads of State on September 24, 1993 (see § 4, Chapter 13).

Working language Commonwealth is the Russian language (Art. 35 of the Charter).

Place of stay most of the permanent bodies of the CIS, including the Coordination and Consultative Committee, the Executive Secretariat, the Economic Court and the Commission on Human Rights, is the city of Minsk.

Modern international relations are characterized by the growing role and influence of international organizations as one of the key forms of cooperation between states. This phenomenon is a natural consequence of the globalization process, when states are forced to solve an increasing number of issues jointly. The objective need for the development of multilateral diplomacy has led to the emergence of its three main means: multilateral negotiations, international conferences and international organizations. The latter play a special role in the cooperation of states, since they function on a permanent basis and are more adapted for the collective solution of global problems of common interest. At the same time, one cannot ignore the importance of international organizations as a means of regional and even bilateral cooperation between states.

The first international organizations modern type appeared in the 19th century: in 1831 the Central Commission for Shipping on the Rhine was created, and somewhat later international organizations of a universal nature appeared: the International Union for the Measurement of the Land (1864), the World Telegraph Union (1865), the Universal Postal Union (1874) , International Bureau Weights and Measures (1875), the International Union for the Protection of Literary and Artistic Property (1886), the International Union of Railway Commodity Communications (1890), etc. Some of these organizations still exist today.

The formation of the law of international organizations as an independent branch of public international law is mainly associated with the creation and activities of the United Nations. The UN has largely contributed to the recognition of the international legal personality of international organizations, the expansion of their competence and influence on international lawmaking. Today there are more than 20 thousand international organizations in the world, of which about 500 are intergovernmental, that is, they are subjects of international law. In 1909, the Union of International Associations was founded in Brussels, which registers all existing international organizations and publishes relevant information in two editions: the Yearbook of International Organizations and the Journal of International Associations.

The activities of international organizations have led to the emergence of a specific, previously unknown type of international relations: relations between states and international organizations, between international organizations, between states regarding the status of international organizations, as well as between structural units within international organizations. These international relations in the aggregate constitute a separate subject legal regulation, which, in turn, led to the emergence of a group of relevant norms and customs, a specific method of regulation, judicial and arbitration practice, etc. All this gives grounds to assert that since about the middle of the twentieth century, a new branch has appeared in international law - the law of international organizations.

The law of international organizations is a set of treaty and customary norms and principles governing the creation and operation of international intergovernmental organizations.

Sources of law of international organizations are various international legal instruments. First, these are international treaties between states governing the creation and legal status of international organizations and their officials. Such agreements, in particular, include all constituent agreements (for example, the Agreement on the Establishment of the CIS of December 8, 1991) and the statutes (regulations, provisions) approved by them, on the basis of which international organizations operate. In particular, the Republic of Kazakhstan is a party to the following agreements:

Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on the establishment of the Central Asian Cooperation Organization (CAC) (ratified by Kazakhstan on March 10, 2004;

Agreement on the Legal Status of the Collective Security Treaty Organization (ratified on July 2, 2003);

Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on the legal status of officials and employees of the Executive Committee of the Interstate Council of the States Parties to the Treaty on the Creation of a Single Economic Space (ratified on July 13, 1999) and many others.

It must be remembered that the basis for the emergence of an international organization as a derivative subject of international law is always the agreed will of states. Other interstate agreements - sources of this branch of law include the Convention on the Privileges and Immunities of the United Nations of February 13, 1946, the Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 1967 and the Convention on International Liability for Damage caused by space objects in 1972 (establish the principles of responsibility of international organizations in the relevant field), as well as the 1986 Convention on the Law of Treaties between States and International Organizations or between International Organizations (its provisions act as customary rules), the Vienna Convention on the Law of International the 1969 treaties (classifies the registration of international treaties as the functions of the UN Secretariat), the 1968 Nuclear Non-Proliferation Treaty (establishes the IAEA's control powers) and many others.

The second group of sources of law of international organizations are agreements between states and international organizations themselves... As a rule, these agreements regulate the procedure for the implementation of the functions and competence of an international organization in relation to the respective state. A group of such agreements includes agreements on technical or financial aid, on the provision of armed forces for various humanitarian missions, on the implementation by the organization of international control on the territory of a given state, on the location of the organization's headquarters in the state, on the state's representation in the organization, etc. For example, on July 26, 1994, an Agreement was concluded between the Republic of Kazakhstan and the International Atomic Energy Agency on the application of guarantees in connection with the accession of the Republic of Kazakhstan to the Treaty on the Non-Proliferation of Nuclear Weapons; On December 2, 1998, a Memorandum of Understanding was signed between the Government of the Republic of Kazakhstan and the Organization for Security and Cooperation in Europe on the opening of an OSCE center in Almaty (an additional Protocol was adopted to the Memorandum in 2002); On May 27, 1997, the Founding Act on Mutual Relations, Cooperation and Security between the Russian Federation and the North Atlantic Treaty Organization, etc. was signed.

The third group of sources is agreements between international organizations themselves... The most famous of these are agreements between the UN and other organizations, according to which the latter receive the status of UN specialized agencies. In addition, agreements between organizations can be concluded on issues of succession, cooperation, the establishment of joint programs and on other issues. Unlike the other two types of sources, these treaties do not give rise to obligations for states, since the parties to them are the international organizations themselves.

Sources of law of international organizations may have and non-contractual origin... So, the fourth group of sources of this branch of law includes decisions of international organizations themselves, especially those of them that are binding. The presence of such decisions allows us to talk about a specific method of legal regulation of this area of ​​international relations. The specificity lies in the fact that the decisions of international organizations, unlike interstate agreements, no longer have a conciliatory nature. Examples of this are resolutions of the UN General Assembly and decisions of the UN Security Council, as well as decisions of various international judicial and arbitration bodies. A feature of such decisions is that they can be addressed to both states and other organizations, as well as regulate the internal life of the organization itself (the so-called "internal law" of international organizations). This includes acts regulating the procedure for paying contributions, procedural issues, the organization's personnel policy and other decisions.

A certain role in the regulation of relations with the participation of international organizations can be played by legal customs... At the same time, the usual practice of international organizations is just being formed, so it is difficult to talk about any regularities in this process. For example, it can be considered a custom for the UN Security Council to make decisions in cases where one of its permanent members abstains from voting or does not attend a meeting. Among the precedents that may, under certain conditions, be considered customs, are the transfer by the Security Council of its powers to apply armed sanctions to individual states, as well as the practice of peacekeeping operations under the auspices of the UN and regional international organizations.

The principles of the law of international organizations include the generally recognized principles of general international law. It is appropriate to recall here that a number of jus cogens norms were first enshrined as principles of a separate international organization (UN), and not of international law itself. In addition to the imperative principles of general international law, the law of international organizations includes a number of sectoral (special) principles. These, in particular, include: the principle of voluntary membership in organizations, the principle of equality of members of the organization, the principle of isolation of the legal will of organizations, the principle of the functional legal capacity of organizations and some others.