To the Question of the Current State of the Methods of Implementation (Transformation) of International Legal Norms into the System of Russian Law

The purpose of the study. The proposed research examines both the general theoretical aspects of the use of the terms implementation and transformation in domestic law, and the correlation of the content of these terms with each other. The article analyzes the provisions of the Vienna Convention on the Law of International Treaties (concluded in Vienna on 23.05.1969) and the norms of Federal Law No. 101-FZ dated 15.07.1995 "On International Treaties of the Russian Federation", which determine the procedure for introducing the norms of international law into the system of national legislation. The specific ways of transformation (implementation) of international legal norms characterizing the stage of giving final consent to the implementation of the norms of international law are investigated: ratification, approval, acceptance or accession to an international treaty. The theoretical and normative aspects of the ratification procedure are analyzed in detail, the legal essence and role of the Federal Assembly of the Russian Federation in its implementation are revealed, and the specifics of this kind of process in the Republic of Kazakhstan and in Russia are compared. Special attention is devoted to the analysis of acceptance and approval procedures as elements of transformation. Their legal features, subject composition, some aspects of the registration and entry into force of the norms of international law on the territory of the Russian Federation in their implementation are revealed. The problems of the correlation of the legal force of the norms of international law implemented on the basis of different methods of transformation are presented, as a result of which certain critical remarks are made about their consolidation and classification in domestic legislation. We believe that these arguments will contribute to the improvement of both the content of normative acts and law enforcement practice in the analyzed area of public relations. Conclusions. As a result of the conducted research, the authors draw an unambiguous conclusion - it is necessary to more accurately and in detail determine the content and procedure for implementing the implementation procedures established in Federal Law No. 101-FZ of 15.07.1995 "On International Treaties of the Russian Federation". Such a measure will allow, firstly, to summarize the long-term scientific discussion on these issues; and, secondly, it will clarify and eliminate possible abuses in the practical implementation of the norms under consideration. At the same time, it is proposed to use the positive experience of the Republic of Kazakhstan in terms of conducting scientific examinations of draft federal laws on the ratification of international treaties for their compliance with the norms of not only national, but also international law.

implementation, transformation, ratification, acceptance, approval, accession to international treaties