Некоторые проблемы реализации норм международных правовых актов во внутреннем праве государств

Abstract

The issue of means and forms of realization of international agreements and obligations undertaken by the states in their domestic law has both theoretical and practical nature. This problem is solved in judicial literature with the help of the so-called "transformation theory", according to which the realization of international legal forms in domestic law should be performed through the legal act of the corresponding state, i. e. between the signing of an international treaty and its regulating influence on the subjects of domestic law there should exist an act of the state admitting such influence. The transformation mechanism has already been clearly worked out in domestic legislation and law enforcement activities. At the same time, it should be acknowledged that transformation is not the only way of national legal implementation, which is regarded as an aggregate of methods of executing the norms of international acts in national law of separate states. The unification of legislative systems, carried out either through conclusion of international treaties, that have unified norms, or through adoption of model legislative act, has much in common with transformation, therefore can be regarded as one of ways of implementation. Law harmonization is a much broader concept than the unification of legal norms and can be defined as the interaction of states aimed at the achievement of harmonious interaction of various legal systems. The law unification is treated as norm development activities of the state, resulting in the establishment of uniformity of legal regulation of certain social relations, with the unification serving more general objectives of law harmonization. The process of improvement of implementation methods of the norms of international acts into domestic legislation of states is not completed yet. International cooperation gives new means of implementation, which require further theoreticalstudy.