Применение международных договоров Российской Федерации в арбитражном судопроизводстве России

Pravoprimenenie

Ольга Анатольевна Киселева¹ 

[1] Институт правоведения и предпринимательства

关键词: Международный договор;    правоприменение;    арбитражные суды;    официальное опубликование;    источник официального опубликования;    обнародование;   

DOI  :  10.24147/2542-1514.2017.1(3).174-189

学科分类：社会科学、人文和艺术（综合）

来源: Dostoevsky Omsk State University

【 摘 要 】

The article substantiates the necessity of a system analysis of the processes of application of the norms of international treaties by commercial courts of the Russian Federation. This need is justified, at least, by the following: an insignificant amount of special research in this field in comparison with a similar subject within the courts of general jurisdiction, the creation of a relatively new body of supranational control over compliance with the norms of international treaties in the field of commercial courts’ practice. The purpose of the study is to identify problems of application of international treaties of the Russian Federation arbitration courts of Russia. The author uses methodology of formal legal analysis of Russian legislation and courts’ decisions. The results and scope of it’s application. The author, taking into account the specifics of commercial proceedings and the nature of disputes heard in commercial courts, proposed legal grounds in a concentrated form which allow to state the existence of the obligation to apply the norms of international treaties by Russian commercial courts. Two levels of such grounds can be stated – international and domestic. Publication of the texts of international treaties as a problematic segment of their applicability. The article highlights one of the problematic segments of the application process of the norms of international treaties for the purpose of more detailed reflection. The practice of commercial courts demonstrates that in both legislative acts and acts of applying law, the concepts of "official publication" and "bringing to the public" are alternated with each other. Despite the reform, the procedure of official publication has not acquired the character of a systemic institution of Russian law. This significantly complicates the activity of administering justice with respect to the legislative acts of international law.Conclusions. From the point of view of international law, the state, independently determining the procedure and methods of implementing international treaties within its legal system, is not limited in its ability to burden itself with the need to abide by additional procedures not provided by the international legal system of procedures. Official publication, as a necessary procedure for the entry of a legislative act into the force, represents such an additional procedure designed to protect more effectively human rights and freedoms and to streamline law enforcement practice. In this connection, the author formulated the provisions, the implementation of which can help in matters of systematization of the institution of official publication of international treaties of the Russian Federation.

【 授权许可】

CC BY