Особенности механизма внутриорганизационной правотворческой деятельности Содружества Независимых Государств

Abstract

The article is devoted to the specific features of the inner organizational law-making mechanism of the Commonwealth of Independent States (the Commonwealth). The article reviews the peculiarities of the inner organizational law-making mechanism of the Commonwealth and gives a comprehensive analysis of the Procedure Regulations of the Council of the Heads of States and the Council of the Heads of Governments — the basic instrument regulating inner organizational lawmaking of the Commonwealth. It pays special attention to the issues of binding legal force of the decisions adopted by the supreme bodies of the Commonwealth. According to the author, the issue of legal binding force of the decisions of the supreme bodies of the Commonwealth is mainly caused by the absence of classification of the decisions of the Council of the Heads of States and the Council of the Heads of Governments into the acts determining the member-states policy on basic issues of the organization activity and the acts on inner organizational issues. The article notes an important place taken in the Commonwealth internal law by the norms regulating the status of the organization staff. The author believes that the legal status of officials of the Commonwealth bodies can be fixed in aspecial normative legal act on the legal status of officials of the Commonwealth bodies. This instrument is to give the definition to the term "the officials of the Commonwealth bodies", to the foundations of their legal status, and to the principles of the service in the Commonwealth bodies, etc. The author makes the following conclusions on the basis of the analysis of the existing views on the definition of the inner law of the international organizations, normative legal acts adopted within the CIS framework and the treaty practice of its bodies: — Normative legal acts adopted within the Commonwealth framework do not fix the general notion of the inner law of the organization. At the same time, some of the Commonwealth bodies have certain authority for realization of the inner organizational regulation revealing the process of the organization inner law formation. — In general, the inner law of the Commonwealth can be defined as the aggregate of legal norms regulating inner organizational issues of the Commonwealth functioning and adopted by the organization bodies on the basis of normative legal instruments enacted within the Commonwealth framework. — Proceeding from the regulation object, the inner law of the Commonwealth can include the following decisions of the Commonwealth bodies: those regarding procedure regulations of the supreme bodies of the Commonwealth, budget issues, the organization staff regulations, establishment (abolition) of the organization subsidiary agencies, appointment of heads of the Commonwealth bodies and improvement of the structure and activities of the Commonwealth bodies. Besides, it may also contain the norms resulting from treaty practice of the Commonwealth bodies and regulating inner organizational issues of their functioning. The issues of the inner organizational law-making activity of the Commonwealth require further deep and comprehensive study since the activity of this regional international organization depends on the efficiency of the inner organizational regulation.