Norms Of International Treaties Research Articles

Indicative mechanism of influence of judicial precedent and judicial practice on the modern legal system of Ukraine

The article examines, in practical and theoretical aspects, of influence of judicial practice and judicial precedent on the modern legal system of Ukraine. Since Ukraine has been granted candidate status for accession to the European Union, significant changes have been taking place in the legal system of Ukraine, particularly in international law norms, where international treaties have become not only obligatory for application within the legal system of Ukraine but also have priority in case of conflicts between national and international legislation. These changes are driven, in part, by the inclusion of judicial power and issues of justice in the negotiating process regarding Ukraine’s membership in the European Union, identified as the most important tasks for Ukraine. This cluster, which opens first and closes last, defines the fundamental aspects of legal and institutional alignment between Ukraine and the European Union. The importance of this cluster lies in the fact that the judicial system and justice play a key role in ensuring the rule of law, democracy, and the protection of human rights. This significantly influences modern judicial practice and envisages an even wider use of existing precedents or precedents being formed. Currently, in the judicial practice of Ukraine, there are processes that can be interpreted as an indicative mechanism influencing the legal system of Ukraine. It involves a qualitatively distinct set of characteristics that were not evident in previous years. This concerns the interrelation between the legal system of Ukraine and contemporary judicial practice with inherent features of normativity of a precedent-based type. There is a mutually conditioned process. On the one hand, judicial practice is becoming increasingly internationalized, meaning it increasingly employs principles, standards, and norms of international treaties, increasingly accepts judicial precedent of varying degrees of formation, and increasingly orients itself toward widely recognized judicial-legal ideas and principles. On the other hand, the legal system of Ukraine provides for the possibility of effective control over the implementation of international acts within the framework of judicial practice, including the use of judicial precedent to a certain extent and in certain areas of application. Thus, judicial practice, utilizing judicial precedents of national and international origin, serves as an indicative mechanism for analyzing the legal system. Actual judicial practice becomes an indicator of the development of the legal system and its adequacy to contemporary socio-legal and state-legal processes.

Crises of the international legal system and their role in developing principles and norms of international law: Retrospective analysis

The article examines the influence of international legal system crises on the establishment and advancement of generally recognized principles and norms of international law. It is shown that the causes of crisis phenomena in international law can include inconsistency of the norms of international treaties and customs with the proclaimed principles of international law, poor regulation of the critical issues of the world community’s life and its institutions; non-implementation of the enshrined principles because of the lack of political will or imperfection of international legal mechanisms. On the example of the principles of conscientious fulfillment of international obligations, the sovereign equality of states and respect for the rights inherent in sovereignty, non-intervention in the internal affairs of states enshrined in the 1945 United Nations Charter, it is shown how the principles undergo changes in different eras, resulting in shifts in emphasis and enabling the evolution of international legal regulation. The terminological discussions, which have spanned centuries, leading to a wide range of interpretations regarding the fundamental principles and norms of international law, including the concept of general recognition, are considered. It has been concluded that numerous principles of international law were established to address crisis situations in international legal affairs. However, sometimes, these principles can inadvertently exacerbate conflicts, as evidenced by the Europe-America tensions in the 19th century. The primary areas of development for the international law principles are revealed: the alignment of specific principles in different international law branches with generally recognized principles and norms, the interplay between principles across different international law branches, which is crucial for regulating a substantial portion of international legal relations and the consolidation of judicial practice from international justice bodies.

Peculiarities of interpretation of international treaties in the national legal system

The article analyzes the peculiarities of the interpretation of international treaties in the national legal system, defines the actual problems of implementation of the interpretation and ways to overcome them. Ukraine has joined a number of important international conventions that contain fundamental norms, in particular, regarding human rights. These norms are constantly developing and improving both through the practice of international judicial bodies and through the practice of foreign courts, whose decisions may contain important concepts. Therefore, Ukrainian judicial authorities should follow and apply modern trends and concepts of interpretation, which should lead to ensuring the proper protection of human rights.Without the correct interpretation of an international agreement, its correct implementation is impossible. The task of interpreting an international treaty is to clarify what the parties agreed upon at the time of concluding the treaty, and to clarify the agreed will of the parties embodied in the provisions of the treaty. Accordingly, an incorrect interpretation of an international treaty would violate the right to a fair trial.In Ukraine, the interpretation of an international treaty is carried out by the Constitutional Court of Ukraine and courts of general competence. The first feature is the use by the Constitutional Court of Ukraine to argue its positions not only of the norms of international treaties, but also of generally recognized principles and norms of international law. This practice is special in relation to the practice of courts of general jurisdiction and arbitration courts. This vagueness and incomprehensibility requires interpretation and supplementation in order to establish and guarantee the principle of legal certainty as part of the rule of law. And such an interpretation should reflect the spirit of the times and be based on modern methods and approaches that are rarely found in the decisions of national courts.On the basis of the conducted research, conclusions were made regarding the solution of the problems of interpretation of international treaties in the national legal system. The interpretation of treaties should be carried out primarily in accordance with the basic principles of international law. The interpretation must be conscientious, honest, and have common sense. The main object of interpretation is the text of the contract, including all its parts, that is, the preamble, annexes, as well as any agreement related to the contract, which was reached between all participants in connection with the conclusion of the contract.

Компаративное исследование правового регулирования международного сотрудничества в сфере уголовного судопроизводства на Евразийском пространстве

Целью настоящего исследования является сравнительно-правовой анализ международно-правовых и внутригосударственных норм, регулирующих международное сотрудничество в уголовном судопроизводстве на Евразийском пространстве, выявление пробелов и коллизий, формулирование предложений по гармонизации и унификации правовых основ сотрудничества. Методологическую основу настоящей работы составил системный подход к компаративному анализу, отражающий состояние правовой регламентации международного сотрудничества в уголовном судопроизводстве на между[1]народном и внутригосударственном уровнях, сочетаемый с теоретико-правовым исследованием выявленных проблем. Отдельным направлением авторы обозначили «уникальные» нормы уголовно[1]процессуальных кодексов государств региона, обосновав их прогрессивность и сформулировав предложения их экстраполяции в международные договорные нормы и внутригосударственное право государств. Проведенное исследование позволило сделать вывод о неоднородности правовой регламентации международного сотрудничества в уголовном судопроизводстве и разноуровневой имплементации международных норм. Основные результаты проведенного исследования — определение имеющихся пробелов и коллизий, внесение предложений по их устранению, а также по совершенствованию имеющихся правовых норм. Основной вывод, который авторы сформулировали в процессе работы над темой, — это актуализация ревизии международных договоров, регулирующих вопросы сотрудничества в сфере уголовного судопроизводства (правовой помощи по уголовным делам), их новация и дальнейшая имплементация во внутригосударственные права государства Евразийского региона.

Inside the treaty interpreter’s mind: An experimental linguistic approach to international law

AbstractOne particularly intense critical debate over interpretation in international law concerns the role of moral factors – specifically, the degree to which such factors influence legal interpretation, and how the law should deal with them. A formalist approach argues that moral considerations should be excluded as non-legal; a critical legal studies approach suggests they are an inevitable part of the functioning of international law and must therefore be acknowledged; and an inclusivist approach would suggest their influence is permissible, albeit only under certain circumstances. In this article, we are concerned with the question of whether moral factors influence interpretation at all, taking international treaties as the object of study. To address this question, we take a novel approach, proposing an experimental linguistic framework to test whether linguistic categorizations (originally developed for the analysis of everyday language) can be successfully applied to treaty interpretation, relying on both laypersons and experts as participants. Although some caveats must be made, the experiments deliver clear results: both groups are influenced by morals in their interpretation of international treaty norms. On this basis, we draw conclusions regarding (i) how the process of interpretation of international law operates; and (ii) what the institutions managing that process, such as courts, should factor-in when deliberating their decisions. By adopting this novel perspective, we also contribute to linguistic and experimental approaches to international law at the methodological level.

Possibilities of Using Videoconferencing in International Cooperation in the Field of Criminal Procedure

The norms of the national Russian legislation on the procedure for the use of interrogations via videoconference during pre-trial and judicial proceedings in a criminal case and their implementation during the provision of legal assistance with international cooperation in the field of criminal proceedings are analyzed. The aims and objectives of the study are to identify, based on the analysis of the provisions of international acts and the current legal norms of the Criminal Procedure Code of the Russian Federation, the essential features of conducting interrogations via videoconferencing when providing legal assistance in criminal cases and to develop recommendations for their application by investigators, interrogators and judges, including the specifics of making requests for legal assistance – interrogations of persons outside the territory of the Russian Federation. Methods of analysis and synthesis, comparative legal method are used. Based on the results of the study, the author comes to conclusions about the existence of peculiarities of the procedure for conducting and processing the course and results of interrogation by videoconference, the need for further improvement of the national legislation of the Russian Federation and the formation of the practice of applying the norms of international treaties and the norms of the Criminal Procedure Code of the Russian Federation when conducting interrogations by videoconference during international cooperation in criminal procedure.

Peculiarities regulation for organizing the work of veterinary specialists in case of detecting leishmaniasis in dogs in the Republic of Armenia

Relevance . Armenia is endemic for many invasive diseases of carnivores, including visceral leishmaniasis and cutaneous leishmaniasis. In the conditions of Armenia, the main source of invasion are dogs. A feature of the legal regulation of the procedure for organizing the work of veterinary specialists in case of the detection of leishmaniasis in dogs in Armenia is the availability of imperative means and methods provided for both by the norms of international treaties and the national legislation of the Republic of Armenia. Recently, cases of leishmaniasis in dogs have increased due to the development of tourism, population migration, decrease in the standard of living in endemic regions, lack of alertness of medical and veterinary specialists, as well as difficulties in differential diagnosis of the disease. Methods . The regulatory documents of the Customs Union Commission, the Federal Laws of the Russian Federation, the Orders of the Ministry of Agriculture of the Russian Federation, as well as the legal documents of the Republic of Armenia are considered as the main legal acts containing the requirements for the treatment of dogs with leishmaniasis. Results . When leishmaniasis is detected in dogs in the Republic of Armenia, the legal regulation of the organization of the work of veterinary specialists excludes the possibility of moving dogs with leishmaniasis across the borders of the Сustoms Union up to the euthanasia of infested animals. On the part of Russian legislation, the most important preventive measure is the recognition of the fact of the danger of animal leishmaniasis and the legislative consolidation of veterinary control over the spread of this invasion in relation to animals arriving in Russia from countries with an unfavorable situation for leishmaniasis.

The essence of private communication in the criminal process: separate theoretical-legal and applied aspects

The article presents a monistic concept of the relationship between national criminal procedural law and international law, in particular, comparing the norms of international treaties, the Constitution of Ukraine, and the Criminal Procedure Code of Ukraine. The places of these legal norms in the hierarchy of the country's legal system are determined from the point of view of their different legal force.
 Such an institution of the national criminal-procedural branch of law as interference in private communication is considered. It was analyzed that compliance with the norms of this institute includes classic and non-typical legal norms of the CPC of Ukraine. A scientific opinion is presented regarding the incompleteness of the list of investigative actions provided for by the prescriptions of paragraph 2 "Interference in private communication" of chapter 21 "Secret investigative (search) actions" of the CPC, which are related to interference in private communication.
 The legal category "private communication" was analyzed, in particular the legal definitions set forth in Part 1 of Art. 3 Art. 258 of the CPC of Ukraine, theoretical aspects of the essence of this concept, its constituent elements. The latest judicial practice of the Supreme Court on the application of this legal category was studied.
 It was concluded that the content of the research definition includes private, family and professional spheres, and may include information that is in the possession of a mass media or journalist, medical, notarial, commercial or other legally protected secret.
 In the context of the study, the provisions of Part 1 of Art. 8 and Part 1 of Art. 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms. The legal category "private communication" is compared with the concept of "correspondence" of this Convention, which is interpreted in the practice of the European Court of Human Rights. Different approaches of national and international law to the formation of formed legal categories are noted.
 The provisions when the right to respect for "correspondence" must be ensured, that is, the confidentiality of communication must be protected, in accordance with the practice of the European Court of Human Rights.
 Focused attention on the relationship between Articles 8 and 10 of this Convention in situations where special powers are used to circumvent the protection of journalistic sources.
 The similarity of the researched concepts of private communication and correspondence, which under certain features may be similar in their own essence, after the violation relate to the protected right to secrecy of communications, has been established.

Fulfillment of inquiry on extradition of persons for solving criminal case of execution of sentence on the example of post-Soviet countries

The article deals with topical issues related to executing requests for extraditing a person for the resolution of a criminal case or the execution of a sentence, and analyzes norms of international legal acts and national legislation in post-Soviet countries. The lack of uniformity across post-Soviet countries on this issue is noted, since each post-Soviet country has its own characteristics. Carrying out an extradition is not only one procedural action; it consists of several procedural actions aimed at the actual transfer of the person. This article examines proceedings for the extradition of a person to a foreign state, which traditionally begins with the detention of that person on the international wanted list, a notification to a foreign state about the detention of that person on the international wanted list, and a request to send a request for extradition of that person, the receipt of that request for extradition, and verification of compliance with the request against norms of national legislation and norms of international treaties. Also involves are resolving the extradition of a person to a foreign state with a possible appeal against this decision, organizing a case regarding the actual transfer of a person. The author concludes that there are difficulties executing an extradition request that subsequently leads to non-execution of the request, and delay or refusal to extradite. In this process, the worst result is to import rules on the refusal of extradition without a reasonable assumption and justification for different purposes. In any case, the refusal to extradite people without a substantial reason will not lead to a good outcome: distrust of states can become the basis for damaged relations and non-extraditable persons. Ideas are proposed for improving criminal procedural legislation and law enforcement practice in this area, as well as the effectiveness of actions aimed at resolving this issue.

Проблемы предотвращения коррупции в Казахстане и международные антикоррупционные нормы

Corruption crime in Kazakhstan can be reduced primarily through preventive measures. In this regard, it is necessary to improve the norms of the current Criminal Code of the Republic of Kazakhstan, the Law of the Republic of November 18, 2015 «On Combating Corruption» and, in general, criminal anti-corruption legislation. The article emphasizes that the fight against corruption will be more successful if a new Kazakhstan law «On the prevention of corruption as a crime, as a social phenomenon» is developed and adopted. It is necessary to form a negative attitude towards corruption in society. It is necessary to strengthen the role of anticorruption institutions in Kazakhstan society. It is importrant to strengthen the role and importance of public councils, expert councils under the ministries and departments of the Republic, which could raise and discuss issues of an anti-corruption nature. Basic and special international anti-corruption standards are formulated by the norms of international treaties, agreements, conventions that regulate the fight against corruption. That is why the article underlines that thanks to such international standards, it is possible to prevent corruption crime and reduce its level.

Primenimost mezhdunarodnyh dogovorov v ugolovnom processe: primer Belarusi

The article indicates that the norms of international treaties can be a legal basis for making decisions in the course of criminal procedural activities, serve as a message in the formation and formulation of a legal position by participants in criminal proceedings. The absence of general regulation of the rules of interaction between the criminal procedure law and international treaties of the Republic of Belarus was established. Attention is drawn to the fact that a self-executing international treaty, permitted for application on the territory of Belarus by an internal legal act, is included in the system of sources of criminal procedural law of the Republic of Belarus. The norms of such an international treaty can be applied in the course of criminal proceedings, acting practically as special in relation to the rules of the Belarusian legislation. The text of the Criminal Procedure Code of Belarus contains a number of norms referring to international treaties regulating certain specific issues. Several varieties of such partial references have been identified. The article reveals a range of international treaties, that should by mandatory applicable within criminal proceedings due to explicit reference in the Criminal Procedure Code of Belarus (defining human rights and freedoms; containing norms on the procedure for providing international legal assistance in criminal matters; regulating civil proceedings). Other international treaties have been identified, which in their essence can be applied within criminal proceedings in Belarus, and sometimes their norms can replace the corresponding national criminal procedural norms. The need to take into account the norms of consular conventions which contain criminal procedural norms (for example, on the right of a detainee to consular assistance) was especially noted. Due to the lack of a general reference to international treaties in the Criminal Procedure Code of Belarus, based on the principle of pacta sunt servanda, it is indicated that there is an unacceptable legislative encumbrance on the application of such treaties. In the course of the research, general conditions for the applicability of an international treaty within the criminal proceedings of the Republic of Belarus were formulated.

The Principle of Constitutional Identity and Individual Rights: In Search of the Golden Ratio

The phenomenon of the constitutional identity of the Russian state in the context of conventional and constitutional conflicts is currently acquiring a special meaning. The need to protect state sovereignty, upholding the traditional model of relations between the individual, society and the state are the urgent tasks facing the Russian Federation being the main focus of the constitutional reform of 2020. In this context, the purpose of the study was the legal analysis of the constitutional identity of the Russian state as a frontier of compromise between the European and national systems of protection of individual rights and freedoms. Disregard for the constitutional identity of the state may lead to its "erosion" and the adverse impact of internationalisation on the foundations of the constitutional order. Guided by the principle of constitutional identity, a state can arrive at the best and legitimate solution in a particular case, which would not contradict national law, but at the same time would not ignore the norms of international treaties. The application of both general scientific and special methods of cognition, the formal-legal method and the method of legal modelling, made it possible to see in the constitutional identity not only the boundary of compromises in Russia's relations with inter-state bodies, but also the distinctiveness of constitutional processes. The conducted analysis of the domestic legal acts led to the conclusion that the principle of constitutional identity is an inviolable foundation of the constitutional state and its model of ensuring the individual rights and freedoms in the traditional system of values. The indicators and trends of crime for the period from 1991 to 2020 are given.

The Application by National Courts of International Treaties of the Russian Federation

The article is devoted to the actual problem of the application of international treaties by Russian courts in the settlement of disputes. The legal positions of the judiciary, formed taking into account the norms of international treaties, affect the content of national legislation. The subject of the research in this article is the norms of national and international law, which serve as the legal basis for the application of international treaties at the domestic level. The article deals with the provisions of the Constitution of the Russian Federation, federal legislation, in accordance with which the process of applying international legal acts in national courts is implemented. Practical experience is summarized by analyzing the actual judicial practice, including the practice of arbitration courts. The Author identifies and describes the characteristic features of Russian legislation and law enforcement practice aimed at the mandatory application of international norms in the courts of Russia. The article analyzes the implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights in national judicial practice. The Author notes that in the Russian Federation, the consolidation of international standards, including European ones, is possible thanks to the Constitution of the Russian Federation, as well as other norms of domestic law. The special attention is paid to the decisions of the Plenum of the Supreme Court of the Russian Federation, which contain instructions for judges on the application of international treaties of the Russian Federation. There is a tendency to increase the use of international legal norms in the process of consideration of cases of various categories by judicial bodies, primarily the Constitutional Court and the Supreme Court of the Russian Federation. On the basis of the conducted research, the Author makes the conclusion about the mandatory application of international treaties of the Russian Federation for the effective and fair administration of justice and the need for uniform application of the norms of international law in practice, including by the highest judicial authorities. The legal positions of these courts reflect the obligation of the state, represented by authorities, officials, and all law enforcement agencies, to comply with and apply international treaties of the Russian Federation.

The role of the UN in normative counteraction to the transnational crimes of terroristic character committed in the information sphere

INTRODUCTION.In today’s world, threats to international information security are increasing. One of them is the use of information and communication technologies for criminal purposes. The United Nations has become the centre for the development of measures to counter such practices. The article discusses the role of the United Nations in the formation of a new international legal institution.MATERIALS AND METHODS.The study was based on resolutions of the United Nations General Assembly, the United Nations Security Council, the texts of relevant international treaties and draft treaties, and academic writings. The methodological basis of the study was the general scientific and private scientific methods of knowledge which are traditional for legal works.RESEARCH RESULT.As a result of the research, the authors corrected the view of the term "information terrorism" that is being approved in legal science, and highlighted the provisions of UN General Assembly and UN Security Council resolutions that form the normative basis for state ‘countering crimes in the information space, and more broadly, the use of information and communication technologies for criminal purposes.DISCUSSION AND CONCLUSIONS.The authors note that the formation of a new international legal in- stitution takes place within the framework and under the auspices of the United Nations mainly under the basis of soft law norms. But now a new stage of "switching" is beginning. It is the stage in which the method of developing international recommendatory norms turns to the method of developing international Treaty norms that have a more stringent legal force.

Legal Means to Prevent Unjustified Payment of Pensions to Citizens Living Abroad

Introduction. The legislation of the Russian Federation provides for the possibility of paying most types of pensions to those citizens whose place of permanent residence is a foreign state. At the same time, permanent residence of a pensioner abroad increases the risk of unjustified payment of pensions and creates the need to use additional legal means aimed at preventing such consequences. Purpose. The purpose of the study is to describe the system of legal means that are aimed at preventing unjustified payment of Russian pensions to citizens living abroad, and to analyze the provisions of Russian and international legal acts that establish these legal means. Methodology. To achieve these goals, formal legal (dogmatic) method and comparative legal method were mainly used. Results. The system of legal means to prevent unjustified payments to those Russian citizens who permanently reside abroad includes legal means provided for by national legislation and the norms of international treaties concluded by the Russian Federation. The first group is represented mainly by additional obligations of the beneficiary to inform the pension agency about maintaining the grounds for payment of pensions (especially the duty to confirm being alive), failure to which, as a general rule, constitute grounds for the suspension of payment of pension. The legal means stipulated in international legal acts are based on the interaction of the competent institutions of the Contracting parties and are implemented, as a rule, without the participation of the pension recipient. Conclusion. The expansion of the list of States with which Russia has concluded international agreements on cooperation in the field of social security and the improvement of national legislation in this area should help reduce the number of cases of excessive payment of pensions to citizens living abroad.

PARTY AUTONOMY IN THE HAGUE CONVENTION ON THE LAW APPLICABLE TO AGENCY

The research is relevant due to development of transboundary private legal relations, including agency, recourse to party autonomy and the Hague Convention on the Law Applicable to Agency (the Hague Convention of 1978) potential of practical application. The goal is to analyze the party autonomy standards stipulated by the Hague Convention of 1978, to assess the place of the indicated norms within the system of international norms regarding party autonomy and to make conclusions on potential of its practical application. The main specific legal methods are historical and comparative. Due to insufficient scientific elaboration on the matter the main materials were the international treaty norms, including different language versions and translations, and profound travaux préparatoires enabling to clear up the contents of the norms. The main results include the following conclusions. Firstly, in spite of standpoint widespread in Russian jurisprudence the Hague Convention of 1978 acknowledges party autonomy for two legal relations and stipulates liberal standard for agent and principal relations and strict - for the agents authority in principal and third party relations. Secondly, the Hague Convention of 1978 has the potential of practical application as a part of lex fori of its states parties by court and as a collection of internationally accepted norms by international commercial arbitration. In conclusion the author stresses that it is important for Russian participants of international civil intercourse to have the right perception of the Hague Convention of 1978 norms when choosing a forum for disputes arising out of their international agency agreements.

Language Norms of International Treaties

This article discusses features of the implementation of linguistic norms in international treaties.The proposed study has a purpose to identify linguistic means present in international document texts, i.e. treaties that are to fix the agreement that parties achieve with a view to establishing relations and regulating them in future. The research material is 1000 texts of international treaties. The total amount of factual material analyzed is over 6000 pages. Our methodology is based on the works by domestic and foreign authors on general theory of speech activity, laws of perception and understanding of speech, and the peculiarities of the generation of a statement, translation theory, and international law. One of the most important means of expressing information in a text is its lexical composition. International treaties texts comprise different types of vocabulary (common, terminological, specialized, etc.) that performs text- and style forming functions. From the point of view of grammar, compiling international treaties involves using particular grammatical forms and categories, syntactic structures and types of phrases. The essence of international treaties texts implies the presence of special clichs of a business style. In the preparation and editing of international treaties, the adequate use of appropriate vocabulary and grammatical means leads to a reduction of ambiguities and discrepancies in the texts of these documents.

ԱՌՈՂՋԱՊԱՀՈՒԹՅԱՆ ՈԼՈՐՏԸ ԿԱՐԳԱՎՈՐՈՂ ՄԻՋԱԶԳԱՅԻՆ ԻՐԱՎԱԿԱՆ ԱԿՏԵՐԻ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆ/ANALYSIS OF INTERNATIONAL NORMS REGULATING HEALTHCARE/АНАЛИЗ МЕЖДУНАРОДНО-ПРАВОВЫХ АКТОВ В СФЕРЕ ЗДРАВООХРАНЕНИЯ

This article reviews norms of international treaties and other documents related to healthcare. United Nations conventions in the field of healthcare were subject to special attention. Practice of the Commonwealth of Independent States in ensuring right to health was also analyzed. The author demonstrates that the right to health has become an integral part of the national legal system and is enshrined in key legal acts. This provides with a good opportunity for the enjoyment of this right in compliance with the international standards.

Problems of applying the norms of the family legislation of the Republic of Kazakhstan to the legal relations arising from the registration of a marriage complicated by a foreign element

This article analyzes the specifics of marriage complicated by a foreign element. In accordancewith the national legislation of the Republic of Kazakhstan, even stateless persons and foreigncitizens who have confirmed their belonging to a foreign state are equally subject to protection in mattersof family and marriage with citizens of the Republic of Kazakhstan. The application of the family lawof the Republic of Kazakhstan in the presence of foreign elements is impossible without reference andappeal to the norms of international treaties, especially in the context of p. 3st.4 of the Constitution statingthat the “...International treaties ratified by the Republic have priority over its laws”. It follows that incase of collision of provisions of the national legislation of the Republic of Kazakhstan and norms of theinternational Treaty ratified by Kazakhstan regulating the same question of marriage and family relations,the norm of the international Treaty will have priority action.Currently, the Republic of Kazakhstan has ratified, through the adoption of the relevant law, a significantnumber of international treaties in the field under study.As for marriages between foreign citizens or stateless persons and citizens of the Republic of Kazakhstan,concluded outside Kazakhstan, but in compliance with the current legislation of the state inwhose territory they were concluded, are recognized as valid in the Republic of Kazakhstan. At the sametime, conceptually important is the fact of compliance with the requirements of the relevant norms ofthe CMF RK.Key words: Marriage, family, foreign element, registration, conflicts.

DISTRIBUTION RIGHT ON THE INTERNET

Issues of “the right on publicity of the work” and “right to distribute” of works in the conditions of digitalization are examined in this article. Norms of international treaties in the sphere of copyright law on Internet. The analysis of national law of the Kyrgyz Republic. The issue of exhaustion of rights on the Internet are also examined.