Проблемы совершенствования механизма правотворческой деятельности Содружества Независимых Государств

Abstract

The article explores the peculiarities of the mechanism and the stages of the rule-making activities of the CIS. The author believes that the analysis of the CIS Charter, the founding documents of the CIS bodies shows that the widest legislation authority rests with the Council of Heads of State and the Council of the Heads of Government of the CIS. These bodies take decisions on a wide range of the action issues of the organization as well as of the cooperation of the member-states. The rule-making activity of other CIS bodies is mainly aimed at preparation and coordination of the documents adopted by the Council of Heads of State and the Council of the Heads of Government of the CIS and at adoption of decisions on a narrow range of issues (Foreign Ministers' Council and the Economic Council). At the same time the practice of the majority of international organizations shows that their supreme bodies are mainly focused on the consideration of the most important issues of the activity of the organizations, on cooperation of the member-states, whereas the adoption of decisions on all other issues is the competence of other bodies. In the author's opinion, the experience of other international organizations proves the expediency of the settlement of the problem of precise separation of the rule-making mandate between the CIS bodies. On the basis of the analysis of the procedure rules the Council of Heads of State and the Council of the Heads of Government, Foreign Ministers' Council and the Economic Council of the CIS adopted by the Council of Heads of State on October 7, 2002 the article determines the stages of the rule-making activities of the organization and makes a number of proposals concerning the perfection of the CIS rule-making activities mechanism. Thus, it is deemed expedient to develop a normative legal act regulating the activities of the expert groups coordinating the CIS documents. Suggestions are made on perfecting the decision-taking mechanism. In the author's opinion, the order of taking decisions by the supreme CIS bodies through consensus, established by the procedure rules, may impede efficient settlement of intra-organizational problems of functioning. Besides, the article discusses briefly the issues connected with publication of documents adopted within the CIS. The publication of the documents adopted within the framework of the CIS is made according to rule 23 of the procedure rules. The complete texts of the documents adopted by the Council of Heads of State and the Council of the Heads of Government and open for publication are published in the Information Herald of the Council of Heads of State and the Council of the Heads of Government "Sodruzhestvo" (the Commonwealth), which is sent to the states and the charter bodies of the CIS. The author believes that it would be logical to publish alongside with the documents of the Council of Heads of State and the Council of the Heads of Government also the documents adopted at the sessions of Foreign Ministers' Council and the Economic Council of the CIS for these sessions can take decisions and sign international treaties. According to the author, the perfection of the CIS rule-making activity mechanism could be promoted by the publication of a collection of documents regulating the rule-making activity of the CIS. This collection could comprise, in particular, the CIS Charter of January 22, 1993, the procedure rules of the Council of Heads of State and the Council of the Heads of Government, Foreign Ministers' Council and the Economic Council of the CIS of October 7, 2002, the decision on separation of the authority of the Council of Heads of State and the Council of the Heads of Government of April 2, 1999, the founding documents of the CIS bodies and other documents in this field.