of October 10, 2003 No. 5
About use by courts of law of the conventional principles and rules of international law and international treaties of the Russian Federation
(In edition of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 05.03.2013 No. 4)
The conventional principles and rules of international law and the international agreements of the Russian Federation according to part 4 of article 15 of the Constitution of the Russian Federation are component of its system of law.
N101-FZ "About International Treaties of the Russian Federation" is determined by the Federal Law of July 15, 1995 that the Russian Federation, supporting observance of conventional and regular rules, confirms the commitment to the fundamental principle international to pravaprintsip of fair accomplishment of the international obligations.
The international agreements are one of the most important development tools of international cooperation, promote expansion of international backgrounds with participation of the state and non-state organizations, including with participation of subjects of the national right, including physical persons. International treaties possess paramount role in the sphere of human rights protection and fundamental freedoms. With respect thereto further enhancement of the judicial activities connected with realization of provisions of international law at the interstate level is necessary.
For the purpose of ensuring the correct and uniform application by courts of international law when implementing justice the Plenum of the Supreme Court of the Russian Federation decides to make the following explanations:
1. In the Russian Federation rights and freedoms of man and citizen according to the conventional principles and rules of international law and according to the Constitution of the Russian Federation (part 1 of article 17 of the Constitution of the Russian Federation) are recognized and guaranteed.
According to part 1 of article 46 of the Constitution of the Russian Federation judicial protection of its rights and freedoms is guaranteed to everyone.
Proceeding from it, and also from part provisions 4 Articles 15, of part of 1 Article 17, of article 18 of the Constitution of the Russian Federation human rights and freedoms according to the conventional principles and rules of international law, and also international treaties of the Russian Federation are directly acting within jurisdiction of the Russian Federation. They determine sense, content and application of the laws, activities of legislative and executive power, local self-government and are provided with justice.
It is necessary to understand the fundamental peremptory rules of international law accepted and recognized by the international community of the states in general from which variation is inadmissible as the conventional principles of international law.
The principle of universal respect of human rights and the principle of fair accomplishment of the international obligations, in particular, belong to the conventional principles of international law.
It is necessary to understand the rule of conduct accepted and recognized by the international community of the states in general as legally obligatory as the universally recognized norm of international law.
Content of the specified principles and rules of international law can reveal, in particular, in documents of the United Nations and its specialized agencies.
2. The international agreements of the Russian Federation along with the conventional principles and rules of international law are component of its system of law (part 4 of article 15 of the Constitution of the Russian Federation, part 1 of article 5 of the Federal law "About International Treaties of the Russian Federation").
Part of system of law of the Russian Federation are the existing international contracts which are also signed by the USSR concerning which the Russian Federation continues to perform the international rights and obligations of the USSR as the state - the successor of USSR.
According to the Item "and" of article 2 of the Federal law "About International Treaties of the Russian Federation" it is necessary to understand the international agreement signed by the Russian Federation with foreign state as the international treaty of the Russian Federation (or the states), with the international organization or with other education having rights to sign the international contracts, in writing and regulated by international law irrespective of such agreement contains in one document or in several, the documents connected among themselves, and also irrespective of its specific name (for example, the convention, the pact, the agreement, etc.).
The international contracts of the Russian Federation can be signed on behalf of the Russian Federation (interstate agreements), on behalf of the Government of the Russian Federation (intergovernmental agreements), on behalf of federal executive bodies or authorized organizations (agreements of interdepartmental nature)".
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