К вопросу о механизме обеспечения исполнения межгосударственных (межправительственных) соглашений государствами-участниками Содружества Независимых Государств

Abstract

The article "Towards the Provision Mechanism of the Implementation of International (Inter-State) Agreements by the CIS Member-states" explores the reasons for ineffectiveness of the mechanism of implementation of the CIS acts. It introduces suggestions for perfecting the legal mechanism of their implementation on the basis of the analysis of issues arising in the process of realization of the Commonwealth acts. The author draws the following conclusions and makes the suggestions: a) to outline a clear, compact structure of the Commonwealth bodies with the appropriate wide and concrete range of responsibilities taking into account the European Union's experience; b) to revise all acts adopted in order to determine which of them are not relevant any more and consequently to recognize them out of force; to determine also whether the acts in any particular sphere of cooperation correspond to each other and to single out the states which have not fulfilled their obligations on the Commonwealth acts; c) to determine the body responsible for the juridical expertise of all drafts of the acts introduced to be adopted within the Commonwealth framework and to provide control in order to prevent violation of the universally recognized principles and norms during the formation of the CIS law; d) to establish the schedule for consideration and ratification (implementation of internal state procedures) of treaties (agreements) signed by the member-states or develop and sign a general agreement regulating the order and schedule of consideration and ratification of signed treaties (agreements); e) to determine a body responsible for providing the control of enforcing the acts adopted in the CIS framework and to give it wide powers as follows: the right to inform the Council of the Heads of the States, the right to address the target state with a proposal to fulfil its obligations, the right to appeal to the CIS legal body with a proposal of imposing certain measures (sanctions) on the target state; f) to outline a list of measures (sanctions) for not fulfilling treaties, agreements and directives within the CIS framework and mechanism of their implementation. The following measures and sanctions are suggested: — suspension of the right to vote in the Council of the Heads of the States and in the Council of the Heads of the Governments; — suspension of the membership in the CIS; — suspension of the participation within the framework of a certain treaty (agreement); — imposing a fine on the target state. The author believes that it is necessary to determine a concrete body with a right to apply certain measures (sanctions) to the states, which avoid fulfillment of any obligations.