THEORY AND HISTORY OF LAW ENFORCEMENT
The subject of the study is international legal norms and global processes associated with their non-compliance and the substitution of rules for norms. The article analyzes current problems of global legal anomie, characteristic of the modern international legal system and international life. Consistent and systemic measures are proposed to prevent and counter this type of legal anomie. In this regard, possible directions for the development of the domestic legal system are determined.
The purpose of the study is to determine the characteristic features of global legal anomie and outline ways out of it.
Methodology. The dialectical method of cognition, philosophical laws of unity and struggle of opposites, the transition of quantitative changes into qualitative ones, as well as comparative legal and formal legal methods are defined as the methodological basis of the study.
The main results. In the process of research, the authors prove that the legal system, which is in a state of legal anomie, is becoming increasingly unsystematic, fragmented and segmented in nature, within which internal connections and interactions are minimized, and its organizing role is inevitably reduced. The article argues that the process of global legal anomie is associated with the complete or partial absence of the necessary (new) legal norms that ensure the formation of multipolarity, and with the imposition of new rules by several states, which to a greater extent form the excessive regulation of international legal relations. The authors explain the concept and characteristics of legal anomie in the international legal system. There is a need to establish mechanisms in the domestic legal system that prevent the entry of international law norms or the manifestation of other components of the international legal system that contradict the Constitution of the Russian Federation and cause legal anomie.
Conclusions. It is necessary to find a balance between different national legal systems, which would allow them to mutually enrich themselves with the achievements of their social and legal life. The authors propose the following definition of global legal anomie. It is a type of social anomie occurring in the international legal sphere as a result of a loss of trust in international institutions and rapid changes during a crisis (transition) period, representing a negative (destabilizing) component of international life and characterized by dysfunctionality and inconsistency of the components of the international legal system. Global legal anomie is most clearly expressed: firstly, in the complete or partial absence of the necessary (conditionally new) norms of international law, secondly, in neglect of existing norms, and also, thirdly, in the massively deviating legal implementation activities of subjects of the world communities.
The subject of the article is trends in Russian legal science.
The aim of the article is to analyze and systematize the facts accumulating in legal sciences and science studies, which develop into trends that negatively affect the state of scientific jurisprudence, its categorical apparatus and practical significance, including for lawmaking and law enforcement.
Methodology. The author uses historical, sociological, formal-legal, systemic and comparative methods.
The main results. The following trends have been studied: substitution of the relevance and novelty of the topic with considerations of political conjuncture, scientific fashion and other pseudo-scientific considerations; Constitutional reforms as a new round of constitutionalization in the aspect of correlation between constitutionalization and interdisciplinarity of legal sciences; the danger of escalating the interdisciplinarity of legal research into the erosion of its subject; methodological eclecticism; weighting of scientific language, negligence and incorrect use of certain legal terms; misuse of foreign terminology; disunity of science and practice of law enforcement.
Conclusions. Since the degree of practical implementation of scientific and legal research into legislative and law enforcement practice is too low, a more effective mechanism for analyzing and implementing specific proposals from legal scientists is needed.
The subject. Russian legal literature presents opposing approaches to the issue of the relationship between the legal and social states. The article examines the problems of scientific validity, social conditionality and compatibility of ideas about the legal and social state.
The purpose. Classical ideas about the ideal social structure, characteristic of different directions of political and legal thought (rule of law; renunciation of the state (minimal state); unified system of public self-government (socialist state); social state) are aimed to be assessed in terms of a combination of socio-legal monism and pluralism, touches on the ideas of the special concept of legal pluralism.
Methodology. A combination of the dialectical method with other methods is used: formal logic, modeling, formal legal and comparative legal, as well as theoretical-sociological and theoretical-cultural analysis.
Main results and conclusions. It is possible to consider the model of a social legal state as an ideal way to resolve social contradictions, taking into account the following proposed clarifications to this model: (a) the idea of a welfare state, despite its various interpretations, primarily refers to the solution of socio-economic problems, while a balance of private and public interests is also necessary for intangible issues that cannot be resolved only through the acquisition of property; (b) complete harmony of private and public interests is an unattainable ideal, therefore, in a social legal state new contradictions will continue to arise between the private and public principles, the solution of which can be achieved if the following condition is met: “awareness of every interest of public interest in those areas of life where it necessary, and the development of a compromise of private interests where possible”; (c) the dialectical approach assumes that the model of a social legal state, as its goals are achieved, sooner or later must be revised (added).
THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES
The subject. The article discusses the scientific foundations of the cult of a written constitution, the relationship between the principles of the supremacy of the constitution and fidelity to the constitution, on the one hand, and the forms and methods of constitutional changes in modern democratic states, on the other hand.
The aim of the article is to reveal the dilemmas of legal constitutionalism in the context of the formation of doctrinal foundations and the practice of applying deliberative and dialogical constitutionalism in modern jurisprudence and the practice of constitutional development.
Methodology. The author uses deliberative and epistemological approaches, methods of formal-legal, concrete-historical, comparative constitutional-legal and complex analysis. Main results, scope of application. A special field of knowledge is being formed, which is called “comparative constitutional changes”. The scientific school of constitutionalism proposes to see the purpose of this field of knowledge in the development and improvement of forms and methods of participation of the people, citizens, civil society, professional and expert opinion in constitutional changes. The study provides a critical constitutional analysis of the peculiarities of the nature of all-Russian voting and the legal positions of the body of constitutional justice in Russia on the issue of all-Russian voting, prospects for improving the principle of popular sovereignty and the institutions of citizen’s participation, civil society, professional and expert opinion in the Russian constitutional doctrine and in legislation.
Conclusions. The cult of a written constitution dominates in the contemporary world of democratic constitutional states that differ in socio-economic and political-legal indicators of their development on the geopolitical and legal map of the planet. In the practice of contemporary states, except for the adoption of a draft new constitution, the most common practice is to express individual preferences (“for” or “against”) citizens regarding the content of each amendment or several interrelated amendments. The theory of deliberative constitutionalism is multifaceted and is intended to scientifically substantiate the prospect of expanding the constitutional basis for democratic decision-making and creating a democratic basis for constitutional change. Deliberative constitutionalism, as a theory of engagement in constitutional communication, serves the purpose of seeking collective wisdom in matters of constitutional design and constitutional change. The cult of a written constitution is combined with an inclusive constitutional paradigm for the development of democratic states, which involves the development of deliberative and imperative forms of citizen’s participation. Russian constitutionalism needs to further expand popular participation in the development and discussion of decisions of a constitutional nature.
The subject of this study includes the approaches to the definition of the category of public power, as well as variants of its structure and elements.
The goal of the article is to compare the experience of various jurisdictions, including Russia, in the construction of public power, and to establish contemporary determinants of its structure and consequences of its expansion. Comparative and formal legal methods are mainly used to produce the results of the research.
Main results. The authors notice, that in most jurisdictions legislative attempts to give a definition of the structure of public power and to indicate the circle of its subjects entail indeterminacy and the inevitable expansion of the corresponding subject composition. That, apparently, is caused by the dynamics of the functions of public power, which determines the institutional evolution. It is not a secret that since the beginning of the 20th century the volume of functions entrusted to the state, and accordingly, to its bodies of power and management, has grown significantly. Since there are plenty of tasks and functions that correspond to the public interest, the state involves in the process not only its structural units the bodies of state power, but also private subjects. Private entities, mobile and adapted to competition and social-economic changes, are capable of more effective implementation of tasks, performance of functions and provision of services that can be administratively outsourced. In the USA, for example, this phenomenon becomes so large-scale that it sometimes referred to as "mixed administration" in academic literature. In Russia, the possible forms and limits of the involvement of private subjects in the implementation of public tasks continue to remain under question, both from a theoretical and a practical point of view.
Conclusions. Formation of the structure of public power is influenced by historical, sociocultural, and legal features of the development of states. In most jurisdictions the basis ("locus of gravity") of public power is comprised of the authorities (both of state and municipal level), in the orbit of which, depending on the need for the implementation of public functions, other subjects of law – public and private companies and even NGO’s – are included. Therefore, functional unity is the main determinant of the structure of public power mechanism.
The subject of the study is the legal relations arising from the public authority’s organization and its levels’ interaction after the constitutional reform of 2020. The organized interaction of the public authority levels determines the effectiveness of this system itself. Nowadays the issue of coordinated interaction between levels (centers) of public authority has become important, especially considering new global challenges in the different spheres. Therefore, the public authority and its levels as well as its organization and interaction become the subject of the legal theory and serve as a catalyst for legal changes, including constitutional one.
The purpose of this paper is to examine the concept of public authority and analyze different approaches to the levels of it in theory and practice, paying the attention to the municipal level and its twofold role.
Methodology. Formal-logical, comparative-legal, analysis methods were used. The interaction of levels of public authority is considered from the point of view of dialogism. This approach allows to establish that the interaction between levels of the public authority can be regarded as full only if they are organizationally isolated and financial and decision-making independent.
Main results. The authors demonstrate the vitality of the theory that predetermined the ongoing changes in the Russian legal system, and examine approaches to the concept of public authority and its levels. It is however apparent that the created system does not include the level of community public authority. Based on the analysis of decisions of the Constitutional Court of the Russian Federation, the evolution of levels of public authority in their interaction with each other is revealed. Besides, certain elements of centralization of public administration are essentially opposed to the principle of subsidiarity, the analysis of which is also presented in the paper since it determines the scope of competence of public legal entities and allows achieving maximum freedom and efficiency of the activities of bodies. At last, the authors give characteristics to the municipal level by two opposing trends: globalization and glocalization.
Conclusions. In Russia the practice of organizing public authority does not fully comply with the principle of subsidiarity as well as the new legal term of the system of public authority does not include all the variety of elements that the constitutional scientists mentioned, including the community public authority. This one along with the municipal authority level assessed as a potential matter for further reforms necessary for the formation of a trust of public authorities and for the population’s participation in state affairs.
The subject of the article. In this article, the processes observed in the sphere of the budgetary method of conducting the state economy – the most important category characterizing the status of the state and territorial entities descending into its composition in the field of public finance are considered. The essence of this category is considered in relation to the budgetary structure of the state and the state structure. The budgetary method of state governance is investigated as a category corresponding to the financial and legal status of the modern Russian state – the Russian Federation. The content of the constituent entities of the study is disclosed from the position of updating the composition of the constituent entities of the Russian Federation – the entry of new constituent entities of the Federation into its composition over the last period, namely the Republic of Crimea and the federal city of Sevastopol, the Donetsk People's Republic, the Luhansk People's Republic.
Purpose. The influence of the military situation at the domestic and international levels on the legislative support of the modification of the budgetary method of state governance in the Russian Federation is shown, which was the main goal set by the author in this work. The methodological basis of the article consists of general scientific (dialectics, analysis and synthesis, abstraction and concretization) and private scientific research methods (formal legal, comparative legal, concrete sociological, technical-legal, systemic-structural, historical-legal, logical, etc.).
Main results. The influence of the processes taking place in the sphere of the state structure of the Russian Federation, the administrative-territorial division of the state on the trends and possible prospects of modification of the budgetary method of state governance – in terms of changing the approaches of rulemaking to the implementation of financial legal relations corresponding to the budget method and law enforcement practice in this area is considered. Special attention is paid to the modification of approaches to the organization of inter-budgetary relations in the renewed Russian Federation, the ways dictated by the legislator of the formation of budget revenues of new subjects of the Federation and the implementation of public expenditures.
Conclusions. The author substantiates that the processes associated with the modification of the composition of territorial entities within the Russian state have an impact not only on the approaches to the organization of power and management, the expansion of the structure of state bodies, but also on legal regulation and law enforcement practice in the field of public finance, the formation, redistribution and use of which is based on-the implementation of the budgetary method of state governance.
The subject. Scientists face a serious task related to the formation of a modern model of financial law that will ensure the financial sovereignty of the state.
The purpose. The author attempts to form a modern approach to understanding the nature of financial law that meets economic challenges.
Methodology. The use of general logical research methods, including analysis and synthesis, the formal legal method.
Main results. The updated legal model of financial relations, aimed at creating a full-fledged mechanism of financial and legal regulation, can be formed by activating the process of convergence of private and public law, the development of which is justified by the tasks of legal technology. The rejection of the sectoral model of law, formed in the 1930s, in favor of the integrative structure of law allows us to consider financial law as a system of regulatory complexes that legally mediate the financial and credit mechanism of the national economy. The unifying basis for the formation of regulatory complexes covered by financial law are such key aspects as: the independent object and purpose of legal regulation of the relevant group of financial relations; the range of subjects of legal relations arising in the sphere of functioning of the financial and credit mechanism of the state; management tools used by the state and means used by participants in civil turnover to protect the right to dispose of finances.
Conclusions. The legal instruments that ensure the achievement of the goals of the functioning of the financial and credit mechanism of the contemporary state are: principles of public administration; administrative procedures, as well as the construction of a financial obligation.
The subject of the study is the norms of Russian legislation providing for the rights and obligations of the bodies of the Social Fund of Russia (SFR) to control the validity of social security. The variety of legal acts that regulate social security relations with the participation of SFR bodies makes it difficult to form a holistic view of the system of powers of these bodies to control the validity of social payments and services provided by the SFR.
The purpose of the study is to systematize knowledge about the powers of the SFR bodies to control the validity of social security, to assess the current legal regulation in this part for its integrity and sufficiency to ensure targeted spending of the SFR budget.
Methodology. Formal legal and comparative legal methods were used to achieve this goal. The research is based on the analysis of the norms of legislation on social security, which enshrine the rights of the SFR bodies to verify information and documents necessary for the appointment and payment of social security, and the practice of its application.
The main results. These rights, in fact, represent the powers of the SFR bodies. The author proposes a classification of the control powers of the SFR bodies in the field under consideration for various reasons. The shortcomings of the current legal regulation of the implementation of control powers by the SFR bodies have been identified.
Conclusions. In order to create a holistic legal framework for controlling the validity of social security provided by the SFR bodies, it is proposed to consolidate the powers of control in a generalized form in the Law on the Social Fund of Russia with the possibility of specifying them in other normative legal acts. At the same time, legal regulation should determine the actual basis for the use of the verification powers and the procedure for their implementation. As one of the directions of further research, the author identifies the question of the relationship between the control powers of the SFR bodies and the obligations of the recipient citizen to inform the SFR body about the circumstances entailing the termination of the right to social benefits or a change in its size.
THE LAW ENFORCEMENT BY THE BODIES OF PRELIMINARY INVESTIGATION AND INQUIRY
The subject. The article analyzes the individual consciousness of a woman, which allows her to adapt to the surrounding social reality and to integrate into its structure.
The purpose of the article is to confirm or disprove hypothesis that pathological features are not decisive in the criminal behavior of a sane woman, including those with mental abnormalities. They act in conjunction with the social content of her consciousness.
The methods of the sciences of criminology, criminal law, penal enforcement law, sociology, psychiatry, legal psychology and jurisprudence were used.
Main results. Her consciousness is not an externally introduced element of social nature, it is intrinsic to her as a way of her existence, it is the result of her own social existence. The level of consciousness of a woman is adequate to the richness of her social activity, thus, consciousness is, first of all, individual in nature. Whereas the individual consciousness of a woman is significantly influenced by the surrounding people, the experience of previous eras and generations.
Conclusions. Consciously volitional potencies are given to a woman from birth. The study of mental processes of personality is necessary for law enforcement officials representatives of the judicial system to logically and correctly censor the testimony of a woman a criminal, because without knowledge of the general laws of the course of mental processes, it is impossible to assess the specificity of behavior, formed under certain external or internal influences. It is noted that their development depends on the woman herself, her interaction with the surrounding world, which confirms the special influence of social factors on the criminal behavior of women with mental anomalies.
The subject. The article is devoted to the analysis of current trends in state policy in the field of crime prevention.
The author aims to prove that this policy is intuitively focused on prevention and ensuring the security of society and the state from internal and external threats, but needs legislative regulation of the main directions, principles, and approaches.
Methodology. Based on the study of legislation and doctrinal sources, the article formulates conclusions regarding the concept of state policy in the field of crime prevention and the need for its conceptualization.
Main results. The author focuses on the main trends of modern criminological policy, which include an increase in the number of normative legal acts, primarily of a strategic nature (doctrines, concepts, strategies), which can be attributed with a certain degree of confidence to legislation in the field of crime prevention (criminological).
Conclusions. The article argues for the need for balance and strategic vision in this area. The policy in the field of crime prevention should be systematic, thoughtful, balanced, and legislatively defined. In the course of the study, historical, comparative legal, dialectical methods were used, as a result of which the author came to the conclusion about the possibility of regulatory regulation of the conceptual foundations of state policy in the field of crime prevention at the level of a strategic document. The article proposes to develop and adopt at the legislative level the Doctrine of Combating Crime in the Russian Federation, Recommendations on the legal regulation of crime prevention for the CIS member states.
THE LAW ENFORCEMENT BY THE JUDGES
The subject is administrative proceedings in the system of judicial proceedings used in Russia.
The purpose of the article is definition of the essence of both legal proceedings in general and administrative proceedings in particular, as well as its varieties.
Methodology includes methods of complex analysis and synthesis of the Russian legislation and scientific sources, as well as formal-logical logical interpretation of legal rules and scientific papers.
Main results. It seems reasonable to be guided by the position of the legislator, according to which each constitutionally defined type of legal proceedings corresponds to a specific procedural form, each of which is fixed exclusively in the corresponding independent federal law. The separation of civil and commercial proceedings is of a functional nature, taking into account the totality of the specifics and the subject composition of the civil cases under consideration. Currently, in the Russian Federation, administrative proceedings are carried out in at least two independent procedural forms. Administrative court proceedings are judicial administrative proceedings, the human rights essence of which is the procedural activity of the court for the actual consideration and resolution of administrative cases and cases of administrative violations. The concept of administrative proceedings is part of a broader concept of administration process, which, in addition to considering a case accepted for trial on the merits, includes the procedural activity of the court at the stage before the acceptance of administrative claims submitted to the court under the Code of Administrative Procedure of the Russian Federation. The administration process is exclusively judicial in nature and does not preclude the activities of quasijudicial bodies to consider disputes with citizens and organizations on issues of disagreement of the latter with the actions (inaction) of executive authorities and their officials and their decisions.
Conclusions. The components of the concept of administrative proceedings are proceedings in administrative and other cases arising from public relations (public law disputes) and judicial proceedings in cases of administrative offenses. Public law disputes and proceedings in cases of administrative offenses include a public authority as one mandatory party, nevertheless, public law disputes are of a claim nature, whereas proceedings on an administrative offense have a tort content.
The research subject. This study focuses on recent developments (2021-2023) in Russian tax treaty case law.
The purpose of the research. The objective of this research is to analyze the key trends and developments in tax treaty case law in Russia for the last three years.
Methodology. The research is based on the analysis of cases where the commercial courts
of circuits and the Supreme court of Russian Federation in 2021-2023 applied Russian double tax treaties (total number – 38 cases).
Main results of the research. The analysis of the tax treaty case law allowed to make a general overview of the relevant judicial practice and identify three strategic areas of law enforcement – development of the beneficial owner concept, issues if qualification of income for the purposes of the application of tax treaties and disputes between withholding agents and taxpayers.
Conclusion. An analysis of judicial practice allows us to conclude that Russia is quite successful in implementing the task of deoffshorization of the Russian economy – this is noticeable both in the geography of the applied agreements and in the content of the issues under consideration. The tax treaty case law is heterogeneous – it includes both simple issues (for example, with obvious mistakes of a withholding agent) and issues on which judicial practice as a whole has already been established (for example, in relation to the beneficial owner concept), as well as quite extraordinary and sometimes difficult questions. It should be admitted that fundamentally new issues of application of double taxation agreements are sometimes not easy for the courts. An analysis of tax treaty case law puts forward the question of the role and risks of a withholding agent – currently the practice does not seem sufficiently balanced in terms of ensuring a balance of private and public interests. For application of double tax treaties procedural issues remain of great importance. Analysis of judicial practice shows that they are crucial both for the withholding agent and the taxpayer.
THE LAW ENFORCEMENT IN PRIVATE LAW
The subject of the research is the right to inherit digital information.
The purpose of the research is to substantiate the need to conduct legal regulation of the consequences of the death of a person in the context of inheritance of digital data.
The research is based on the analysis of sources of Russian and foreign law, as well as practical materials of Russian and foreign law in the sphere of rights and freedoms. The methodological basis of the research was formed by general scientific methods of cognition (analysis, synthesis, modelling) and private-scientific methods of cognition (comparativelegal, formal-logical).
Main results. There are some approaches to the correlation of rights and freedoms realized in real and virtual space. The first approach considers digital or virtual rights and freedoms as a new legal phenomenon that requires separate legal regulation. The second approach assesses digital or virtual rights and freedoms as a manifestation of the features of those rights and freedoms that already exist outside the digital world. Although the first approach is more popular, the second approach is more correct because digital rights and freedoms either add a new territory of rights and freedoms or affect the mechanism of realization, but do not create a fundamentally new legal phenomenon.
Because the death of a person does not automatically have consequences for the digital space, it is necessary to create a legal mechanism for recognising digital death, which will allow an individual who died in reality to become so for the virtual space. For the realisation of these powers it is not necessary to create completely new legal categories, it is enough to take into account the peculiarities of the realisation of offline rights and freedoms in virtual space.
Conclusions. It seems more correct to move away from the concept of separating offline and online rights and to focus on the point-by-point introduction of digital rights and freedoms into existing legislation. Such an approach will not only ensure faster regulation of digital rights and freedoms, but will also make it possible to base legal regulation on provisions that have already had experience of implementation, and therefore identify possible gaps, problems, etc.
THE LAW ENFORCEMENT IN INTERNATIONAL LAW
The subject of this article is the international law enforcement practice developing in relation to the concept of investment. The formation of this practice takes place in numerous decisions of investment arbitration. The Salini test plays an important role in this practice, which is an investment arbitration decision that has become the flagship of the development of the practice of applying international investment law and its principles.
The purpose of the article is to identify trends in the decisions of investment arbitration, in which the concept of investment is interpreted, as well as in the doctrinal justification of approaches to this problem.
The methodology of the study is a comparative legal analysis of those concepts that are the basis of the Salini test, as well as competing theories with it.
Main results. The reason for the appearance of the Salini test was the impossibility of a total consensus of states regarding the legal formalization of the concept of "investment". This impossibility has an objective character, since the investments of resources in one or another sphere have such significant differences that they cannot be taken into account within the framework of a single legal paradigm. In addition, the subjective factor is also important for the formulation of this concept, since states endowed with different roles – either as recipients of investments or as investors have divergent interests that cannot be realized within the framework of a single legal approach.
Conclusions. Investment arbitration has to a certain extent demonstrated the ability to overcome the differences that exist between different states regarding the key concept of investment law. It was in the arbitration decisions, and above all in the Salini test, that the signs of the key concept of investment law were identified, which together constitute its content. The content of the Salini test is that the concept of investment is formulated based on the identification of the following criteria: (1) investment of assets; (2) a certain duration of the investment of assets; (3) risky nature of investments; (4) significant economic importance for the recipient state.
In addition, the author of the article comes to the conclusion that, despite the fact that the Salini test accumulated the main legal ideas about the regulation of investment activity, the amorphous nature of the concept of investment determines a high degree of its uncertainty in relation to specific situations. This provokes a continuation of the discussion regarding legally significant investment criteria.
The subject. The number of authors who consistently try in their works to “bury” international justice, as well as international law itself, behind the ideas of politicization, bias and unenforceability, has grown significantly today. The political and legal developments of modern international law should still be assessed comprehensively and in detail. First of all, legal events are the is Judgment on the merits of the International Court of Justice of January 31, 2024, case of Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine vs. Russian Federation).
Materials and methods. This research carried out a scientific analysis of the Judgment on the merits of the ICJ dated January 31, 2024. The subject of the study also included other law enforcement acts of the International Court of Justice in this case and in other cases, as well as normative acts of international law.
Discussion. The judgment on the merits of the UN International Court of Justice dated January 31, 2024 was one of the most expected and unexpected for many. It is an ambiguous event that requires multifactor analysis. The author analyzed the procedure for considering this dispute, the stated subject and basis of the dispute in conjunction with the decisions of the Court itself on jurisdiction, and assessed the adopted final decisions on the merits of the dispute. It is safe to say that for Russia this decision of the Court is in many ways positive. The positions of the Court in the examined act allow us to draw conclusions not only on the issues of the dispute itself, on the merits of which it was decided, but also regarding the advisability of preserving international justice, which has shown viability and independence.
The main results and conclusions. The author analyzes the case review process, the subject of the dispute, which was declared by the applicant and actually considered by the Court, in conjunction with the judgments of the Court on the issue of jurisdiction, and the author gave a legal assessment of the final judgment on the merits of the case. It is safe to say that this Court,s judgment has a positive meaning in many aspects for Russian Federation. The positions of the Court in the act examined allow us to draw conclusions not only on the issues of the case itself, on the merits of which it was rendered, but also on the expediency of preserving international justice, which has shown viability and independence.
In addition, the International Court limited itself to proving Russia's guilt in only two minor episodes of international legal violations of the International Convention for the Suppression of the Financing of Terrorism of 1999 and of the International Convention on the Elimination of All Forms of Racial Discrimination of 1965. The Court avoided from orders for damages.
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