The Constitution of the Russian Federation and International Law: Theoretical Approach to the Concept of "Generally Recognized Principles and Norms of International Law", or On the Principles of law in General and on Principles in International Law

Abstract

In the light of various concepts that exist and are widely used in domestic theory of international law, the term and the category 'generally recognized principles and norms of international law' have become an integral part of the Russian contemporary justice in a whole due to the provisions of the 1993 Constitution of the Russian Federation. There is no exaggeration or subjectivism in this assertion, since both the general theory of state and law and the branch legal sciences in our country transpose this concept in every way, believing obviously that the theory of international law itself has managed to elucidate whatever possible this term. It remains no more but to analyze the individual salient features of its application in domestic law - constitutional, criminal, civil, administrative, labor, etc. However, it is the international legal science that has not yet become able to define the substance and scope of the generally recognized principles and norms as part of the said system of law and to correlate, in the light of the results as achieved, to other categories and concepts immune to International Law. The main reason for this is the absence of unconditional confirmation of the term under consideration by positive law - it is neither fixed in the UN Charter nor in the UN General Assembly resolution Declaration on principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations of October 24, 1970. The same is to be referred to the Final act of the Conference on Security and Cooperation in Europe dated of August 1, 1975, although it would be mistakenly to assume that it is in general compatible with contemporary international law. A secondary factor contributing to such a state of things lives in the discrimination of approaches from the end of domestic and foreign doctrines, as well as in the lack of unanimity within each of them.