An interstate association is a union of sovereign states created on the basis of an interstate treaty for the purpose of economic and political integration of the participating states. There are voluntary and forced interstate associations. Voluntary forms of unification of states include the following. A confederation is a temporary union of states formed to achieve political, military, economic and other goals. They create political and administrative bodies, whose power is recognized by the member states. But the subjects of the confederation are completely sovereign states. The Confederation does not have sovereignty, since there is no central state apparatus and a unified system of legislation common to the united entities. Within its framework, union bodies can be created, but only on those problems for the sake of which they united, and only of a coordinating nature. The executive bodies are collegial in nature. Rules of law become binding if they are ratified by each state that is part of the confederation. The armed forces belong to each of the states, although formally they may be under common command. International policy is carried out jointly. The Commonwealth is a very rare, even more amorphous than a confederation, association of states characterized by a certain homogeneity, which is due to the integration of economic ties (CIS countries); linguistic unity (British Commonwealth of Nations); community of legal system, culture, religion (League Arab states). But the commonwealth is not a state, but a unique association of independent states. The basis of the commonwealth, as in the case of a confederation, may be an interstate treaty, agreement, declaration and other legal documents. Supranational bodies of the commonwealth are created to coordinate the actions of member states. Members of the commonwealth are completely independent, sovereign states, subjects of international relations. Community is an association of states to resolve issues on which the viability of the state and its status in the world community depend. In most cases, it strengthens the integration ties of the states included in the community and evolve towards a confederal society. In the European Community, the goal is to equalize the economic, scientific and technical potential of its member states. For this purpose, customs and visa barriers have been simplified, including their abolition, and a single currency has even been introduced. The procedure for joining and leaving the community is established by community members. Association - an association of states on global world problems (preservation of peace, environmental protection, rational use of natural resources, etc.). The current Association of Southeast Asian Nations is aimed at establishing peace and stability in the region, as well as accelerating the economic, social and cultural development of its member states on the basis of cooperation and mutual assistance. Unions are associations of states based on historical roots, economic feasibility, geopolitical factors, etc. Alliances are often created to protect common interests, ensure joint security, collective defense, or for the coordinated preparation and conduct of a coalition war. In addition to the forms of interstate associations I have named, there have been some other forms of interstate associations in history. specific forms forcible unification of states - empires, protectorates, etc. Thus, empires are state formations, the distinctive features of which are an extensive territorial base, strong centralized power, asymmetrical relations of domination and subordination between the center and the periphery, and a heterogeneous ethnic and cultural composition of the population. Empires (for example, Roman, British, Russian) existed in various historical eras. A protectorate is an unequal association of states based on an agreement, in which a weaker state transfers in favor of a stronger state the right to exercise part of its sovereign rights (usually foreign policy and security) on the conditions of maintaining its own statehood and receiving in return political, military, financial and other support. Protectorate is usually accompanied by occupation. A dominion is a self-governing colonial territory within a monarchy that has a large degree of independence, which subsequently gained independence, but at the same time continues to recognize the former monarch as head of state. The former self-governing territories of the British Empire had a similar status: Australia, Canada, New Zealand.

International unions are interstate formations with the participation of various countries.

For a long time, a confederation was a union of sovereign states formed to achieve certain goals (military, economic, etc.).

Confederation - uniform government structure, in which the states forming the confederation fully retain their independence, have their own bodies of state power and administration, they create special joint bodies to coordinate actions for certain purposes (military, foreign policy). Here, the union bodies only coordinate the activities of the member states of the confederation and only on those issues for which they united. That is, the confederation does not have sovereignty.

The experience of the history of the North American, Swiss and other Confederations made it possible to identify the following features characteristic of this form of government:

  • - · contractual form of formation of a confederation. Most of the confederations were formed on the basis of relevant treaties.
  • -· freedom to secede from the confederation (secession). Unlike a federation, where an attempt at secession was considered a rebellion, leaving the confederation means terminating the contractual relationship with the union.
  • - · the confederation does not have sovereignty, sovereignty belongs to the states that are part of it. That is, no decisions of the union power have force on the territory of a state that is part of the confederation without their consent.
  • -· the subjects of the confederation are limited to a list of a small and generally insignificant range of issues. These are issues of war and peace, foreign policy, the formation of a unified army, common system communications, resolution of disputes between constituent entities of confederations.
  • -· not all state bodies are formed in the confederation, but only those that are necessary to carry out the tasks allocated by treaty acts.
  • 1 Theoretical and legal foundations of interstate entities
  • -· in the representative bodies of the confederation, delegates represent not the territorial parts or population of one state, but the sovereignty of the state.
  • -· Permanent state bodies of the confederation do not have powers of authority. Acts of confederal power do not contain rules of direct action and are addressed to the authorities of the constituent entities of the confederation.
  • -· the subjects of the confederation have the right of nullification, that is, refusal to recognize or refusal to apply acts of the union power.
  • -· the budget of the confederation is formed from voluntary contributions from the constituent entities of the confederation. The confederation does not have the right of direct taxation.
  • -· the subjects of the confederation have the right to establish customs and other restrictions that impede the movement of persons, goods, services and capital.
  • -· as a rule, confederations do not have a unified monetary circulation system
  • -· military formations are staffed by the subjects of the confederation, and their double subordination to the state bodies of the confederation and its subjects was often maintained.
  • - · there is no union citizenship in the confederation.
  • - · confederations do not have a unified economic, political and legal system.

Historical experience shows that confederal associations have an unstable, transitional nature: they either disintegrate or transform into federations.

Now many lawyers compare this form of state with a state union.

The Confederation is, according to Alekseev S.S. "state union of states". That is, none of the member states of the confederation loses its state sovereignty; parts of the confederation not only have their own authorities and administration, but often retain their national monetary system, army, police, etc.

Since the late 50s. twentieth century to characterize interaction in trade- economic sphere countries began to actively use the concept of integration. Integration is a process of bringing together the economies of countries at the regional level, forming the prerequisites for the global interaction of groups of countries in the process of development of the world economy.

International integration, as one of the main trends in modern international relations, is a complex process of interaction between states, characterized by two elements: legal form and economic content.

According to V. M. Shumilov, integration is the process of uniting sovereign states with the aim of establishing an expanded economic space in which goods, services, finance, investments, and labor can circulate freely.

Among the prerequisites for the emergence integration processes The following are distinguished:

1) Territorial proximity of states. Integration processes most easily arise at the regional level on the basis of a historically established regional community, which presupposes territorial proximity, similarity of economic-geographical and economic-cultural complexes, demographic structures, ethnic history, etc. This community creates objective opportunities for the formation of time-appropriate large political-economic formations. On the European continent, corresponding processes are taking place within the European Union (EU) and the Commonwealth of Independent States (CIS); in the American - North American Free Trade Association (NAFTA), Latin American Integration Association, Andean Group, Caribbean Community Free Trade Area (CARICON); in Asia - the Eurasian Economic Community (EurAsEC), the Association of Southeast Asian Nations (ASEAN), the Asia-Pacific Economic Cooperation (APEC) and a number of other organizations; in the group of Arab countries - the League of Arab States.

Trade and economic communities are in the initial process of integration African states. At the same time, interregional forms of integration and trends towards increased interaction between relevant associations of states are gaining momentum.

  • 2) Similarity in the levels of economic development of countries. With rare exceptions, interstate integration develops either between industrial countries or between developing countries. Even within industrial and developing countries, integration processes are most active between states that are at approximately the same level of economic development.
  • 3) Commonality of economic, political, social and other interests, problems and tasks. This facilitates the development of common economic strategies and agreements, contributes to the development of common economic and social policy. Economic integration is designed to solve a set of specific problems that the integrating countries actually face. It is obvious, therefore, that, for example, countries whose main problem is creating the foundations of a market economy cannot integrate with states in which market development has reached such a level that it requires the introduction of a common currency.
  • 4) The presence of complementary economic structures of the integrating countries.

A similar structure of socio-economic institutions, the presence of mining and manufacturing industries that complement each other, specialization in the production of certain goods and services that create conditions for mutually beneficial trade and industrial cooperation, contribute to the acceleration of economic growth and the development of integration processes.

  • 5) Demonstration effect. Under the influence of the successes of certain integration associations (accelerating economic growth, reducing inflation, increasing employment, etc.), other states are expressing a desire to join this organization. The demonstration effect manifested itself, for example, most clearly in the desire of many countries of the former ruble zone to become members of the EU as quickly as possible, even without any serious macroeconomic prerequisites for this.
  • 6) "Domino effect". Since integration leads to a reorientation of economic ties of member countries towards intraregional cooperation, neighboring countries that remain outside the association experience some difficulties, and sometimes a reduction in trade with countries included in the group. As a result, they are also forced to join an integration association.

Integrating countries are guided by the possibility of increasing the efficiency of the functioning of national economies due to a number of factors arising in the course of the development of regional international socialization of production, and also set themselves the following goals:

  • - take advantage of the “economies of scale”;
  • - create a favorable foreign policy environment, a stable environment;
  • - solve trade policy problems;
  • - promote structural restructuring of the economy and accelerate its growth rate. Many Western European countries pursued such goals when joining the EU in one form or another.

Drawing conclusions from the above, it should be noted that when participating in the integration process, countries are guided by the prospects for the development of their national economies and accelerating the implementation of the goals of economic growth and development. In the process of integration, the goals set are agreed upon and new ones are formed, which become the basis for a common economic policy and more effective implementation of national economic goals.

Integration is determined by certain essential characteristics, which together distinguish it from other forms of economic interaction between states. Among them are the following:

  • - eliminating restrictions on the movement of goods, as well as services, capital, and human resources between the states parties to the agreement;
  • - coordination of the economic policies of the participating states;
  • - interpenetration and interweaving of national production processes, the formation of technological unity of the production process within the region;
  • - broad development of international specialization and cooperation in production, science and technology on the basis of the most progressive and deep forms, joint financing of the development of the economy and its innovation mechanism;
  • - related structural changes in the economies of the participating states;
  • - convergence of national legislations, norms and standards;
  • - targeted regulation of the integration process, development of bodies governing economic interaction (both interstate and supranational management mechanisms are possible, as, for example, this happens in the EU);
  • - regional spatial scale of integration.

The literature identifies six possible levels of integration. At the first level, when countries are just taking their first steps towards mutual rapprochement, preferential trade agreements are concluded between them. Such agreements can be signed either on a bilateral basis between individual states, or between an already existing integration grouping and an individual country or group of countries. In accordance with them, countries provide each other with more favorable treatment than they provide to third countries, which is called preferential treatment. Preferential agreements, which provide for the preservation of national customs tariffs of each of the countries that have signed them, should be considered not even as the initial, but as a preparatory stage of the integration process, which becomes such only when it takes on more developed forms. No interstate bodies are created to manage preferential agreements.

At the second level of integration, countries move to the creation of a free trade zone, which no longer provides for a simple reduction, but a complete abolition of customs tariffs in mutual trade while maintaining national customs tariffs in relations with third countries.

In most cases, the terms of a free trade zone apply to all goods except products Agriculture. A free trade area can be coordinated by a small interstate secretariat located in one of the member countries, but often does without it, coordinating the main parameters of its development at periodic meetings of the heads of the relevant departments.

The third level of integration is associated with the formation of a customs union - the agreed abolition of a group of national customs tariffs and the introduction of a common customs tariff and unified system non-tariff regulation of trade in relation to third countries.

When the integration process reaches the fourth level - (common market) - the integrating countries agree on the freedom of movement not only of goods and services, but also of factors of production (capital and labor). Freedom of interstate movement, under the protection of a single external tariff, of factors of production requires an organizationally significantly higher level of interstate coordination of economic policy. Such coordination is carried out at periodic meetings (usually once or twice a year) of the heads of state and government of the participating countries, much more frequent meetings of the heads of ministries of finance, central banks and other economic departments, supported by a permanent secretariat.

At the fifth, highest level, integration turns into economic union, which provides, along with a common customs tariff and freedom of movement of goods, services, capital, labor and factors of production, also a unified foreign economic policy and unification of legislation in key areas - foreign exchange, budgetary, monetary.

It is fundamentally possible for the existence of a sixth level of integration - a single economic space, characterized by the presence of a single currency and a political union, which would be considered as a political superstructure and would provide for the transfer by national authorities of most of their functions in relations with third countries to supranational bodies.

From the history of international law it is known that only in mid-19th V. Under the influence of the objective needs of the development of the system of international relations, permanent international organizations appeared - the so-called international administrative unions. They were interstate organizations with narrow competence, which covered, in particular, issues of international cooperation in such special areas as transport, mail, communications, etc. The organizational structure of these international administrative unions was underdeveloped.

With the acceleration of the scientific and technological revolution, the intensification of international economic, scientific, technical, cultural and other ties, the role and importance of international intergovernmental organizations grew steadily, and their number also grew. It has become characteristic feature the world of the second half of the 20th century. The creation and activities of international organizations are regulated by generally recognized international legal principles and norms.

In legal literature and official international documents, the concept of “international organization” is traditionally used both about international intergovernmental (interstate) organizations (IMUOs) and international non-governmental organizations(INGOs), although they differ in many criteria, primarily their nature and legal status. Next we will talk about MMOO.

Speaking about the concept of an international organization, it should be noted that in international legal literature and international practice the general term “international body” is often used. It covers three different institutions of international law through which real international cooperation between sovereign states is realized. These include: international conferences; international commissions and committees; international organizations.

It is known that the first among these institutions were international conferences. They originate from the congresses of monarchs of the 17th-19th centuries, which were aimed at the post-war settlement of relations between states. The appearance of international commissions dates back to the 19th century. associated with ensuring navigation and fishing in international rivers, with the activities of sanitary commissions, etc.

Unlike the institutions of international conferences, international commissions and committees, the institution of international interstate organizations has its main integral institutional elements:

Contractual basis;

Permanent nature of the activity;

Internal organizational mechanism.

Along with the indicated integral institutional elements of an international organization, it is also necessary to pay attention to additional features (elements) that constitute precisely the concept of an international organization. These include:

  • presence of certain goals;
  • independent rights (and obligations), different from the rights and obligations) of member states;
  • grounds under international law;
  • respect for the sovereignty of member states;
  • international legal personality.

Based on the named characteristics (elements) of an international organization, we can give the following definition.

International (interstate) organization- where an association of states created on the basis of an international treaty to fulfill certain goals, which has a system of permanent bodies that have international legal personality, and is based in accordance with international law.

Speaking about the classification of international intergovernmental organizations, one should pay attention to the fact that it is ambiguous. In modern international system There are international intergovernmental organizations of different importance, real weight and formal characteristics.

International organizations share on the:

1. Universal (worldwide) IMUO (UN, League of Nations).

2. UN specialized agencies. These include: International Labor Organization (ILO), International Telecommunication Union (ITU), Universal Postal Union (UPU), United Nations Educational, Scientific and Cultural Organization (UNESCO), World Health Organization (WHO), International Organization civil aviation(ICAO), International Atomic Energy Agency (IAEA), International Bank for Reconstruction and Development (IBRD), International currency board(IMF), etc.

3. Regional IMUO, including:

  • Regional economic MMOOs: Organization of European Economic Cooperation (OEC, 1947), European Coal and Steel Community (ECOS), European Economic Community (Common Market), European Free Trade Association (EFTA), etc.;
  • Regional military-political MMOO: North Atlantic Treaty Organization (NATO), Alliance of Thailand, Philippines and Pakistan (SEATO), etc.;
  • Regional economic and political international educational institutions: Organization of American States (OAS), League of Arab States (LAS), Organization of African Unity (OAU), Organization of Central American States (OCAD), Central American Common Market (CACP).

By nature of powers:

  • interstate organizations, whose main task is to ensure the cooperation of Member States;
  • organizations of a supranational nature, whose bodies receive certain sovereign powers from member states. In particular, on certain issues they can make decisions that directly bind individuals and legal entities of the member states (European Union, some specialized UN agencies (MCE, AOCA), the decisions of which, in fact, are binding on the member states. Otherwise In this case, the meaning of the activities of these organizations is lost.

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Confederation and other forms of interstate associations (unions, commonwealths, etc.)

Confederation- a union of independent states created to solve operational problems (diplomatic, military, political, economic, etc.). An interstate association has a number of significant features: 1. There is no single sovereignty, member states retain their own independence. 2. Decisions of the supranational bodies of the union are of a recommendatory nature and come into force only after their approval by the authorities of the participating states. 3. There is no single territory, single citizenship and legal system of the union. 4. States that are members of the union have the right of nullification, which involves the renunciation of any obligation assumed within the framework of the union, including the termination of the confederal treaty itself (the right of secession).

Confederation in the proper sense of the word is a rather rare phenomenon. The United States was a confederacy from 1776 to 1789. The Swiss Confederation (1815-1848) was a union of 23 sovereign cantons to ensure foreign and domestic policy. Formally, Switzerland is still a confederation. In general, the fate of the confederation is short-lived: they either break up into independent states (1958 - 1961 UAR (Egypt - Syria); 1982 - 1988 confederation between Gambia and Senegal) or transform into a single state (USA, Germany, Switzerland) .

The form of a state also depends on which states it interacts with and what kind of connections it maintains with them. When entering into relations with other states, subjects international life must, to the extent possible, sacrifice their own independence in order to achieve common goals for these states.

There are voluntary and forced interstate associations.

TO voluntary forms associations of states include confederations, commonwealths, communities, associations.

1. Confederation are usually created through the signing of international treaties by representatives of the relevant states to achieve economic, political or other goals, which allows for more favorable conditions for their development. The states included in the confederation do not lose their statehood and can leave the confederation at any time.

2. Commonwealth- a union of states characterized by general homogeneity due to commonality, integration of economic relations (as, for example, in the CIS countries), or linguistic unity (as in the countries of the British Commonwealth of Nations), or a common legal system, culture, religion (as in countries members of the Arab League). The ties between members of the commonwealth are less close than those of members of confederations, and therefore the procedure for joining and leaving the commonwealth is simpler.

3. Community – an association of states to resolve issues on which the viability of the state and its status (ek, polit) in the world community depend, for example, the Organization of Petroleum Exporting Countries.

4. Association is an association of states on issues related to the category of global world problems (preservation of peace, environmental protection, rational use of natural resources, etc.). An example is the Association of Pacific Rim Countries - ASEAN, created to maintain peace and order in this area.

TO violent forms Associations of states include unions and empires. True, such associations are more likely from the past, although not so distant.

1) Unions- associations of states, not always based on true voluntariness. As a rule, states are forced into unions, because otherwise they will have to experience much more unfavorable consequences and bear serious costs.

International intergovernmental organizations

For example, these are the countries of the Baltic Union - Lithuania, Latvia, Estonia, which have set themselves the goal of moving away from Russia, and some Central Asian republics of the former USSR, which for many centuries have experienced pressure from their southern neighbors.

2)Empire formed by either physical conquest ( Ottoman Empire, Roman Empire), or exerting economic, political and other types of pressure (for example, the USSR). Typically, empires have the following characteristics: a) vast territory; b) highly centralized power; c) an elite seeking expansion; d) asymmetrical relations of domination and subordination between the center and the periphery; e) heterogeneous ethnic, cultural and national composition. An empire rests on the use or threat of use of coercion (military, economic, political, ideological), and as soon as this foundation disappears, the empire collapses.

Types of interstate associations

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Empire– was a forcibly created complex state.

Legal characteristics of the empire:

1. Violence of unification (usually as a result of conquest).

2. The special privileged position of the conquering state.

Confederation- a union of states that retain sovereignty, but certain circle issues having common bodies and jointly exercising powers

Signs of the Confederacy

1. Confederation is a union of independent states united on the basis of an agreement to achieve certain goals.

2. The Confederation is a fragile entity.

3. Lack of a single territory (consists of the territories of states and its members).

4. Lack of uniform citizenship.

5. Subjects of the confederation have the right to freely withdraw from it and nullify (cancel the actions of the confederation bodies on their territory).

6. The subject matter of the confederation includes a small range of issues (war and peace, international politics etc.)

7. The budget of the confederation consists of voluntary contributions from its members.

Commonwealth– an organizational union of states characterized by the presence of common features and a certain degree of homogeneity (CIS).

Their common features may relate to

a) economy (same form of ownership, integration of economic relations, single monetary unit, etc.);

b) systems of law;

d) culture;

d) religion.

Community of States– these are transitional forms of state unions, which are based on interstate agreements (for example, the community of Belarus and Russia).

State (political) regime – characterizes a set of techniques, methods, methods of exercising state power.

16 typology of states

Typology of states is its specific classification, intended to highlight all states that have existed in the history of mankind or currently exist, allowing to reveal their social essence

There are two traditional approaches to the typology of the state

Formational and civilizational

Formational – from a legal point of view, the most developed

It is based on the concept of socio-economic formation, which characterizes the type of society in the unity of its basis, the type of production relations and the superstructure, which includes state law, culture, religion, morality

It is the basis - that is, the type of production relations - that is the decisive factor social development which determines the corresponding type of superstructure elements of state law, etc.

The approach was developed within the framework of Marxist theory and it identifies 5 socio-economic formations

1 primitive communal

2 slaveholding

3 feudal

4 bourgeois (capitalist)

5 socialist

There are 4 types of states

1 slaveholding - a tool for maintaining the power of slave owners over slaves, who were the property of free citizens, the slave had no rights and was turned into a speaking instrument of labor

Function: suppression of slave revolts

2 feudalism is considered to be the dictatorship of the class of feudal lords (land owners) who appropriate the unpaid labor of peasants.

Function – maintaining land ownership

3 capitalist - the dictatorship of the bourgeoisie, in which class inequality is replaced by social inequality, the worker is legally free, but deprived of the means of production is forced to sell his power to the capitalist

Grund Resse – economic manuscripts of K. Marx

4 socialist - as the final form of the state

1 revealing the pattern that the state is based on the same types of economic structure of society and has a characteristic set of general features of the state are of the same type in their characteristics

2 correct definition of the economic base and superstructure

1 single-linearity in interpretation historical development statehood as a mechanical replacement of one historical type of state by another

2 division of states into exploitative and anti-exploitative

3 Ignoring the Asian mode of production

4 characteristics of the socialist state as the historical last and highest type of state

5 the elimination of the need for a state through the achievement of universal equality

Engels – origins of a family of private property

Civilizational approach

It is based on the concept of civilization - a unique set of material and spiritual values ​​that ensure the sustainable functioning of society and human life.

Representatives of this approach are Arnold Toynbee Spendler Weber Sorokin

8-9 page of the manual

A significant contribution to the development of the Civ approach was made by Toynbee “Comprehension of History” 12 volumes

According to Toynbee, civilization is a closed and local state of society, characterized by a commonality of religious national geographical and other characteristics

He identified 21 example civilizations

Each civilization gives a stable community to all states existing within its framework

Toynbee substantiated the theory of the cycle of successive closed civilizations

Dynamic changes occur not within the framework of the global social process, but within a separate civilization

The priority in this theory is ideal-spiritual factors

Rostow, he considers, depending on the level of economic development of society, five different societies, see the manual

Hans Kelsen

pigolkin

17. Political regime.

Types of political regimes

Democratic

Signs of a democratic regime:

1. The people are the source and bearer of power and have real opportunities to express their will (elections, referendum).

2. State power expresses the interests of the majority of the country's population.

3. Personal freedom in the economic sphere.

4. Constitutional consolidation and real implementation of human rights and freedoms.

5. True democracy in all its forms.

Separation of powers.

7. Pluralism in public life.

8. Coercive measures by the state are of a legal nature (provided for by law and carried out in special procedural forms).

· Development of civil society institutions.

· Regime of legality.

Signs of an anti-democratic regime:

1. Power belongs to one closed elite, the people are deprived of a real opportunity to influence politics.

2. State power expresses the interests of individual segments of society.

3. Neglect of the interests of the individual on the part of the state.

4. Ignoring the interests of national minorities.

5. Dictatorship of one political party.

6. Nationalization of public organizations.

7. Persecution for dissent.

8. In the process of power, methods of violence, coercion, and intimidation are used; State coercive measures are arbitrary.

9. Citizens are deprived of the legal opportunity to defend their interests.

10. Mode of expediency.

PSO in the narrow sense is a set of state and public organizations and institutions through which the political life of society is carried out.

PSO in in a broad sense is the totality of all political phenomena that exist in society.

PSO functions

· Determination of goals, objectives and ways of development of society (performed by the state)

· Organization of the company’s activities to achieve its goals

· Distribution of material and spiritual resources

· Coordination of diverse interests of subjects political process

· Development and implementation of norms and rules of behavior into the life of society

· Ensuring stability and security of society

· Political socialization personalities, introducing people to political life

· Monitoring the implementation of political norms, suppressing attempts to violate them

PSO structure in the narrow sense

· Proper political organizations. The purpose of their existence is to exercise power or influence it.

1. Concept and classification of international organizations

Their characteristic feature is a direct connection with politics and their immediate task is to achieve a certain political goal, which is enshrined in the charters

(states are the core of the political system of society, political parties are their purpose to come to power, socio-political movements also pursue political goals (the struggle for peace).

· Non-political organizations are organizations that carry out their activities in the economic, social, cultural spheres of society and they do not set themselves independent political goals, do not take part in the struggle for power, do not enshrine in their charters the tasks of active influence in political purposes on state power, but their goals cannot be achieved in the non-political system of society (trade unions, cooperative organizations, youth).

· Organizations that have little political aspect in their activities. They arise and function to realize the personal interests of a group of people. They acquire a political connotation as objects of influence from the state and other proper political institutions. (Clubs of interest, sports societies)

PSO structure in a broad sense

· Three groups of organizations from PSO in the narrow sense

· Political relations are numerous and varied connections between subjects in political activity

· Political consciousness is a set of ideas, views, theories, feelings, emotions with the help of which subjects express attitudes towards political phenomena in the life of society

· Political culture is the experience of political activity passed on from generation to generation, which combines knowledge, beliefs and behavioral patterns of individuals and social groups.

· Political practice is the objective goal-setting activity of subjects of political life, which characterizes their attitude to politics and participation in it

· Political norms are rules of behavior aimed at achieving political goals

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The form of government is an element of the form of the state that characterizes the internal structure of the state, the method of its political and territorial division, which determines certain relationships between the bodies of the entire state and the bodies of its constituent parts.

There are the following forms of government: unitary state, federation, confederation.

Unitary state characterized by the following features:

1.administrative-territorial units do not have political independence.

2.single citizenship

3. unified government structure. apparatus

4. unified legislative system

5.unified system of taxes and fees.

In a unitary state, all external interstate relations are carried out by central bodies representing the country. The state, not the territory, has the monopoly right of taxation.

The chambers of unitary state bodies are usually unicameral. The unitary nature of the state does not exclude the presence of autonomous entities (Italy, Spain). Depending on the presence of autonomy, simple and complex unitary state governments are distinguished. Simple ones consist only of administrative-territorial units (Poland, Thailand). Complex unitary states include some form of autonomy (Nicaragua).

According to the degree of centralization, unitary state governments are divided into: decentralized and centralized.

In decentralized unitary state governments, at all levels of the administrative-territorial division there are only elected bodies and there are no officials of general competence appointed from above (Great Britain, Japan)

In relatively decentralized unitary state units, not all, but some of the territorial units are self-governing. For example, in Bulgaria, lower units - communities - are self-governing, and regions are administrative in nature.

In centralized unitary states, from top to bottom there is a system of governing bodies appointed “from above.” (Norway, Romania)

Federation – a complex union state, parts of which are state entities and have state. sovereignty and other signs of statehood.

The features of a federation include:

1. having dual citizenship (although not in all federations)

2.dual system of state. apparatus (at the federation level and at the subject level)

3.dual system of legislation (federal and federal subjects)

4.double system of taxes and fees

5.the presence of certain political independence in the subjects of the federation, exclusive powers and areas of jurisdiction in which the federal government does not interfere.

In modern federations, secession is prohibited, i.e. unilateral withdrawal from the federation. The parliaments of federal states are usually bicameral, with the upper house consisting of representatives of the constituent entities.

Federations are classified:

1.according to the method of division - into: national(India) and those territorial(Switzerland)

2. by method of education: negotiable And constitutional. Treaty ones arise as a result of the unification of previously independent states (USA, Switzerland). Constitutional ones are created “from above” by issuing an official act of the supreme power, most often the constitution (FRG)

3. according to the legal status of the subjects: symmetrical and asymmetrical.

In symmetrical federations, the subjects have equal rights (according to the 1993 constitution)

Asymmetrical ones do not have equal rights (India). Asymmetry may be associated with the presence in the federation of not subjects, but federal districts, federal territories, and possessions.

The largest federation in terms of the number of subjects is the Russian Federation, which includes 89 subjects. The Russian Federation includes republics, territories, regions, autonomous regions, autonomous districts, and cities of federal significance.

Confederation- a temporary union of states formed to achieve political, military and other goals. Unlike a federation, a confederation is not a state, but a union of states.

The name confederation is still preserved in the names of some countries (Canada, Switzerland), however, this is only a tribute to tradition; in fact, these countries are federations.

The form of government is the national and administrative-territorial structure of the state, which reveals the nature of the relationship between its components, between central and local government bodies and authorities.

There are the following forms of government: 1) Unitary state 2) Federal state 3) Confederate (currently does not exist in nature) 4) Regional state.

Unitary state- is a single, integral state entity, consisting of administrative-territorial units that are subordinate to the central authorities and do not possess signs of state independence. In turn, a unitary state can be: a) Simple or complex. A unitary state that does not have autonomous entities is called simple (Bulgaria, Poland), and with autonomy (one or more) is called complex (Finland, Denmark). Autonomy is the self-government of a certain part of the territory of the state, differing in national, everyday, and geographical conditions. b) Centralized - management in regional units is carried out by officials appointed from above. Decentralized (Great Britain) - on the contrary, there are elected bodies at all levels of administrative-territorial division. Relatively centralized (France) - governance in regional units is carried out by both appointed officials and elected bodies.

Federal State- is a voluntary unification of previously independent state entities into one union state, a state consisting of member states or state entities (subjects of the federation). At the moment there are 24 federations in the world. Federations are: a) Treaty and constitutional. Federations created on the basis of a union, by combining previously independent state entities, were called contractual (USA, Tanzania, UAE). And federations created “from above”, by acts of state bodies (usually constitutions), dividing the territory of the country into federal subjects, are called constitutional (India, Pakistan). Often these and other processes were combined, as a result of which many federations are treaty-constitutional (Russia, Yugoslavia, Mexico). b) National, territorial and complex federations.

International organization

Federations created on the basis or taking into account national (linguistic, linguistic) characteristics were called national (Yugoslavia, Belgium). Federations such as the USA, Brazil, Mexico, and the UAE are based on territorial characteristics, which is why they are called territorial. However, more often the structure of the federation takes into account ethnic, everyday, economic, and even geographical aspects; such federations are complex in nature. c) Symmetrical federations - all their constituent parts are subjects with the same constitutional and legal status (Australia, Germany). Asymmetric federations - the scope of powers of different subjects is not the same (India, USA).

Confederation is a temporary legal union of sovereign states created to ensure their common interests. The last confederation, Senegambia, dissolved in 1988.

Regional State- its entire territory consists entirely of autonomous entities that have the right of their own (local) legislation. Representatives of this new form of government are countries such as Italy, South Africa, and Spain.

Interstate entities(CIS, Union of Europe).

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World Trade Organization (WTO)- the successor since 1995 of the previously in force General Agreement on Tariffs and Trade (GATT, signed in 1947; in the early 90s, over 150 countries participated in it).

The package of documents establishing the WTO also includes the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Currently, the most important task of the WTO is the liberalization of world trade through a consistent reduction in the level of import duties and the elimination of various non-tariff barriers. In its activities, this organization proceeds from the fact that the expansion of international exchange will make it possible to make the most optimal use of world resources, ensure the stability of the economic development of all countries and preserve the environment.

European Free Trade Association (EFTA)- a regional economic grouping created in 1960. Its original composition included Austria, Great Britain, Denmark (until 1973), Norway, Portugal (until 1983), Switzerland, Sweden.

At a later stage, Iceland, Finland and Liechtenstein joined this organization. In 1991-1993 free trade agreements were signed with Turkey, Czechoslovakia, Israel, Poland, Romania, Hungary and Bulgaria.

According to the agreement on the European Economic Area (came into force in 1994), the EFTA member countries became its participants (with the exception of Switzerland and Liechtenstein).

European Communities (EC)- the general name of three regional integration groupings of Western Europe: the European Economic Community (EEC, created in 1957), the European Coal and Steel Community (ECSC, 1951), and the European Atomic Energy Community (Euratom, 1958) .

After the participants of these organizations have gone through a number of stages of development of integration processes, the most notable event was the adoption of the Single European Act (1986), which clearly outlined the idea of ​​​​creating the European Union.

European Union (EU)- an integration association created on the basis of the European Communities in 1993 according to the Maastricht Treaty (1992). Initially, 12 countries had membership in the EU: Belgium, Great Britain, Germany, Greece, Denmark, Ireland, Spain, Italy, Luxembourg, the Netherlands, Portugal and France. According to the 1994 agreements, three more countries joined the union (1995): Austria, Finland and Sweden.

Continuing to develop the ideas of creating a united Europe (the so-called “Europe without borders”), this group seeks to form a political, economic and monetary union of the participating countries.

United Nations Conference on Trade and Development (UNCTAD)— is a body of the UN General Assembly created in 1964.

The most important task of UNCTAD is to promote the development of international trade.

International Development Association (MAP)- specialized agency of the UN; established in 1960 as a branch of the International Bank for Reconstruction and Development. MAP provides loans primarily to developing countries on slightly more preferential terms than the IBRD.

International Bank for Reconstruction and Development (IBRD)- a credit authority with the status of a specialized agency of the UN. The IBRD was founded in 1944, but began operating in 1946, providing medium- and long-term loans. Membership in this organization is available only to IMF members.

The IBRD has branches: the International Development Association, the International Finance Corporation and the Multilateral Investment Guarantee Agency.

International organizations

Together with its branches, the IBRD is sometimes called the World Bank.

International Monetary Fund (IMF)- a financial organization with the status of a specialized agency of the UN.

The IMF was founded in 1944 (Bretton Woods, USA), and has been operating since March 1, 1947. The most important tasks of the Fund are to promote the development of monetary and financial relations between member countries, maintain exchange rates, and provide credit assistance in order to equalize balances of payments.

Currently, about 180 states are members of the Fund, including Russia (since 1992) and other CIS countries.

United Nations (UN) is an international organization whose members currently include over 180 countries.

The UN was created in 1945 with the aim of maintaining and strengthening peace, security and developing international cooperation, including in the economic sphere. A number of its main bodies and specialized institutions play a prominent role in modern international economic relations.

Organization of the Petroleum Exporting Countries (OPEC)- an international intergovernmental organization. Created in 1960 in order to protect the interests of the main oil-producing states of Asia, Africa and Latin America, coordinate the production and export of oil, as well as harmonize prices for this energy carrier.

13 countries have OPEC membership: Algeria, Venezuela, Gabon, Indonesia, Iraq, Iran, Qatar, Kuwait, Libya, Nigeria, UAE, Saudi Arabia, Ecuador.

In the 70s OPEC has repeatedly raised and introduced a single selling price for oil. However, significantly increased oil production in countries that are not members of this organization has reduced the role of OPEC in global oil production and trade.

Organization for Economic Cooperation and Development (OECD)— organization of the most economically developed countries in the world; created in 1960 to coordinate their economic and social policies. By 1997, the number of its members had increased to 29 (the last of them was the Republic of Korea in November 1996).

The OECD at this stage is not an integration association like the EU. This organization focuses its activities on developing recommendations to member countries on foreign economic problems, without significantly affecting issues of their internal socio-economic development.

"Paris Club"- an intergovernmental organization of creditor countries, members of the IMF. A group of leading industrialized countries formed this “club” in 1961 with the aim of creating conditions for IMF member countries to borrow financial resources from it in the event of a shortage of fund resources in crisis situations.

The Paris Club began its activities in 1962 under the General Agreement on Borrowings with the IMF.

"Roman Club"- international public organization, created in 1968 with the aim of studying the main aspects of human development in the era of scientific and technological revolution. The “Club” played an important role in attracting the attention of the world community to the global problems of modern civilization, generated by the contradictions of social development and the sharply increased scale of human impact on the environment.

UN Economic Commissions— five regional economic commissions, whose activities are carried out under the leadership of the UN Economic and Social Council (ECOSOC). These are the Economic Commission for Europe (EAC, created in 1947), the Economic and Social Commission for Asia and the Pacific (ESCAP, 1947), the Economic Commission for Latin America (ECLA, 1948 and 1951), the Economic Commission for Africa (ECA, 1958), Economic and Social Commission for Western Asia (ECWA, 1974).

UN Economic and Social Council (ECOSOC)- one of the main organs of the UN, which, along with the UN General Assembly and under its leadership, is responsible for fulfilling the functions of the UN in the economic and social spheres.

The Council is the body that directs and coordinates the activities of UN agencies in these areas. Within the framework of ECOSOC, issues of international economic and social policy are discussed, fundamental recommendations are developed for the governments of UN member states and the establishment of its system.

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Coursework: 35 pages, 42 sources.

INTERNATIONAL UNION, INTEGRATION, CIS, CUSTOMS UNION, UNION STATE

Object of study: interstate associations.

Subject of research: features of the functioning of interstate unions.

Purpose of the study: study of interstate unions and the basic principles of their organization.

Research methods: scientific methods knowledge of social processes, in particular, the dialectical-materialistic method, general logical, system-structural and comparative legal methods, methods of interpreting the law.

Area of ​​possible practical application: educational process.

Economic, social and environmental significance of the study: the findings can be used in the process of teaching the discipline “International Law”.

The author of the work confirms that the analytical material presented in it correctly and objectively reflects the state of the process under study, and all theoretical, methodological provisions and concepts borrowed from literary and other sources are accompanied by references to their authors.

INTRODUCTION

1. Theoretical and legal foundations of interstate entities

1.1 The concept of interstate unions

2. Interstate unions in the post-Soviet space

2.3 Customs union

3. Problems of improving legislation regulating the functioning of interstate entities

CONCLUSION

LIST OF REFERENCES USED

INTRODUCTION

union education interstate

One of the dynamically developing institutions and pressing issues of international law today are international integration organizations.

They are beginning to play an increasingly prominent role in the process of convergence of the norms of international and national law, and have a significant impact on the processes of convergence, harmonization and unification of national legislation.

Interstate unions are a union of sovereign states created on the basis of an interstate treaty for the purpose of economic and political integration of participating states.

Interstate unions make it possible to jointly solve internal problems of member states, as well as pool their resources to accomplish external tasks.

The participating states of the interstate association retain their sovereignty in full, but transfer part of their powers over government bodies that coordinate the activities of the participating states.

The legal basis for the formation and operation of the system of interstate bodies is the agreements on the formation of interstate associations and their charters.

The development of cooperation between states leads to the need to improve the rules of law and overcome conflicts.

All of the above determines the relevance of the study of interstate unions.

The purpose of the course work is to study interstate unions and the basic principles of their organization.

To achieve this goal, the following tasks were solved:

Consider the concept of interstate unions;

Explore types of interstate unions;

Study interstate unions in the post-Soviet space

Analyze the problems of improving legislation regulating the functioning of interstate entities.

The object of the course work is interstate associations.

The subject of the course work is the peculiarities of the functioning of interstate unions.

The methodological basis of the work is scientific methods of cognition of social processes, in particular, the dialectical-materialistic method, general logical, system-structural and comparative legal methods, methods of interpretation of the law.

This work uses international and domestic regulatory legal acts, educational and special legal literature, and materials from periodicals.

1. THEORETICAL AND LEGAL FOUNDATIONS OF INTERSTATE FORMATIONS

1.1 Interstate unions as integration associations

International unions are interstate formations with the participation of various countries.

For a long time, a confederation was a union of sovereign states formed to achieve certain goals (military, economic, etc.).

Confederation is a form of government in which the states forming the confederation fully retain their independence, have their own bodies of state power and administration, and they create special joint bodies to coordinate actions for certain purposes (military, foreign policy). Here, the union bodies only coordinate the activities of the member states of the confederation and only on those issues for which they united. That is, the confederation does not have sovereignty.

The experience of the history of the North American, Swiss and other Confederations made it possible to identify the following features characteristic of this form of government:

- · contractual form of formation of a confederation. Most of the confederations were formed on the basis of relevant treaties.

-· freedom to secede from the confederation (secession). Unlike a federation, where an attempt at secession was considered a rebellion, leaving the confederation means terminating the contractual relationship with the union.

- · the confederation does not have sovereignty, sovereignty belongs to the states that are part of it. That is, no decisions of the union power have force on the territory of a state that is part of the confederation without their consent.

-· the subjects of the confederation are limited to a list of a small and generally insignificant range of issues. These are issues of war and peace, foreign policy, the formation of a unified army, a common communications system, and the resolution of disputes between the subjects of confederations.

-· not all state bodies are formed in the confederation, but only those that are necessary to carry out the tasks allocated by treaty acts.

1 Theoretical and legal foundations of interstate entities

-· in the representative bodies of the confederation, delegates represent not the territorial parts or population of one state, but the sovereignty of the state.

-· Permanent state bodies of the confederation do not have powers of authority. Acts of confederal power do not contain rules of direct action and are addressed to the authorities of the constituent entities of the confederation.

-· the subjects of the confederation have the right of nullification, that is, refusal to recognize or refusal to apply acts of the union power.

-· the budget of the confederation is formed from voluntary contributions from the constituent entities of the confederation. The confederation does not have the right of direct taxation.

-· the subjects of the confederation have the right to establish customs and other restrictions that impede the movement of persons, goods, services and capital.

-· as a rule, confederations do not have a unified monetary circulation system

-· military formations are staffed by the subjects of the confederation, and their double subordination to the state bodies of the confederation and its subjects was often maintained.

- · there is no union citizenship in the confederation.

- · confederations do not have a unified economic, political and legal system.

Historical experience shows that confederal associations have an unstable, transitional nature: they either disintegrate or transform into federations.

Now many lawyers compare this form of state with a state union.

The Confederation is, according to Alekseev S.S. "state union of states". That is, none of the member states of the confederation loses its state sovereignty; parts of the confederation not only have their own authorities and administration, but often retain their national monetary system, army, police, etc.

Since the late 50s. In the twentieth century, the concept of integration began to be actively used to characterize interaction in the trade and economic sphere of countries. Integration is a process of bringing together the economies of countries at the regional level, forming the prerequisites for the global interaction of groups of countries in the process of development of the world economy.

International integration, as one of the main trends in modern international relations, is a complex process of interaction between states, characterized by two elements: legal form and economic content.

According to V. M. Shumilov, integration is the process of uniting sovereign states with the aim of establishing an expanded economic space in which goods, services, finance, investments, and labor can circulate freely.

Among the prerequisites for the emergence of integration processes, the following are distinguished:

1) Territorial proximity of states. Integration processes most easily arise at the regional level on the basis of a historically established regional community, which presupposes territorial proximity, similarity of economic-geographical and economic-cultural complexes, demographic structures, ethnic history, etc. This community creates objective opportunities for the formation of time-appropriate large political-economic formations. On the European continent, corresponding processes are taking place within the European Union (EU) and the Commonwealth of Independent States (CIS); in the American - North American Free Trade Association (NAFTA), Latin American Integration Association, Andean Group, Caribbean Community Free Trade Area (CARICON); in Asia - the Eurasian Economic Community (EurAsEC), the Association of Southeast Asian Nations (ASEAN), the Asia-Pacific Economic Cooperation (APEC) and a number of other organizations; in the group of Arab countries - the League of Arab States.

The trade and economic communities of African states are in the initial process of integration. At the same time, interregional forms of integration and trends towards increased interaction between relevant associations of states are gaining momentum.

2) Similarity in the levels of economic development of countries. With rare exceptions, interstate integration develops either between industrial countries or between developing countries. Even within industrial and developing countries, integration processes are most active between states that are at approximately the same level of economic development.

3) Commonality of economic, political, social and other interests, problems and tasks. This facilitates the development of common economic strategies and agreements and contributes to the development of common economic and social policies. Economic integration is designed to solve a set of specific problems that the integrating countries actually face. It is obvious, therefore, that, for example, countries whose main problem is creating the foundations of a market economy cannot integrate with states in which market development has reached such a level that it requires the introduction of a common currency.

4) The presence of complementary economic structures of the integrating countries.

A similar structure of socio-economic institutions, the presence of mining and manufacturing industries that complement each other, specialization in the production of certain goods and services that create conditions for mutually beneficial trade and industrial cooperation, contribute to the acceleration of economic growth and the development of integration processes.

5) Demonstration effect. Under the influence of the successes of certain integration associations (accelerating economic growth, reducing inflation, increasing employment, etc.), other states are expressing a desire to join this organization. The demonstration effect manifested itself, for example, most clearly in the desire of many countries of the former ruble zone to become members of the EU as quickly as possible, even without any serious macroeconomic prerequisites for this.

6) "Domino effect". Since integration leads to a reorientation of economic ties of member countries towards intraregional cooperation, neighboring countries that remain outside the association experience some difficulties, and sometimes a reduction in trade with countries included in the group. As a result, they are also forced to join an integration association.

Integrating countries are guided by the possibility of increasing the efficiency of the functioning of national economies due to a number of factors arising in the course of the development of regional international socialization of production, and also set themselves the following goals:

Take advantage of “economies of scale”;

Create a favorable foreign policy environment and a stable environment;

Solve trade policy problems;

Promote structural restructuring of the economy and accelerate its growth rate. Many Western European countries pursued such goals when joining the EU in one form or another.

Drawing conclusions from the above, it should be noted that when participating in the integration process, countries are guided by the prospects for the development of their national economies and accelerating the implementation of the goals of economic growth and development. In the process of integration, the goals set are agreed upon and new ones are formed, which become the basis for a common economic policy and more effective implementation of national goals in the economic field.

Integration is determined by certain essential characteristics, which together distinguish it from other forms of economic interaction between states. Among them are the following:

Elimination of restrictions on the movement of goods, as well as services, capital, human resources between the states parties to the agreement;

Harmonization of the economic policies of the participating states;

Interpenetration and interweaving of national production processes, the formation of technological unity of the production process within the region;

Wide development of international specialization and cooperation in production, science and technology on the basis of the most progressive and deep forms, joint financing of the development of the economy and its innovation mechanism;

Related structural changes in the economies of participating states;

Convergence of national legislations, norms and standards;

Purposeful regulation of the integration process, development of bodies governing economic interaction (both interstate and supranational management mechanisms are possible, as, for example, this happens in the EU);

Regional spatial scale of integration.

The literature identifies six possible levels of integration. At the first level, when countries are just taking the first steps towards mutual rapprochement, preferential trade agreements are concluded between them. Such agreements can be signed either on a bilateral basis between individual states, or between an already existing integration grouping and an individual country or group of countries. In accordance with them, countries provide each other with more favorable treatment than they provide to third countries, which is called preferential treatment. Preferential agreements, which provide for the preservation of national customs tariffs of each of the countries that have signed them, should be considered not even as the initial, but as a preparatory stage of the integration process, which becomes such only when it takes on more developed forms. No interstate bodies are created to manage preferential agreements.

At the second level of integration, countries move to the creation of a free trade zone, which no longer provides for a simple reduction, but a complete abolition of customs tariffs in mutual trade while maintaining national customs tariffs in relations with third countries.

In most cases, the conditions of a free trade zone apply to all goods except agricultural products. A free trade area can be coordinated by a small interstate secretariat located in one of the member countries, but often does without it, coordinating the main parameters of its development at periodic meetings of the heads of the relevant departments.

The third level of integration is associated with the formation of a customs union - the agreed abolition of a group of national customs tariffs and the introduction of a common customs tariff and a unified system of non-tariff regulation of trade in relation to third countries.

When the integration process reaches the fourth level - (common market) - the integrating countries agree on the freedom of movement not only of goods and services, but also of factors of production (capital and labor). Freedom of interstate movement, under the protection of a single external tariff, of factors of production requires an organizationally significantly higher level of interstate coordination of economic policy. Such coordination is carried out at periodic meetings (usually once or twice a year) of the heads of state and government of the participating countries, much more frequent meetings of the heads of ministries of finance, central banks and other economic departments, supported by a permanent secretariat.

At the fifth, highest level, integration turns into an economic union, which provides, along with a common customs tariff and freedom of movement of goods, services, capital, labor and factors of production, also a unified foreign economic policy and unification of legislation in key areas - currency, budget , monetary.

It is fundamentally possible for the existence of a sixth level of integration - a single economic space, characterized by the presence of a single currency and a political union, which would be considered as a political superstructure and would provide for the transfer by national authorities of most of their functions in relations with third countries to supranational bodies.

1.2 Types of interstate unions

Traditionally, customs unions and free trade areas are classified as “negative” integration, while common markets, economic and political unions are classified as “positive”.

Free trade Area. It is generally accepted that the first step towards the creation of the SES is the formation of a free trade zone. A free trade zone is defined as the organization of interstate trade by a group of mutually interested countries, within whose borders the free (without any quantitative restrictions or tariff barriers) movement of goods and services produced on the territory of the countries participating in the free trade zone is established, with the preservation national sovereignty when developing trade rules with countries outside the free trade area.

The member states of the free trade area apply agreed upon rates and procedures for levying value added tax in mutual trade and in relation to goods from other states. In most cases, the conditions and procedure for the functioning of a free trade zone are coordinated by an interstate secretariat established in one of the member states].

One should distinguish from free trade zones the so-called free economic zones (free harbors, etc.), which are usually formed by states unilaterally on their own territory in order to attract various customs, tax, etc. benefits for foreign investors, transport, etc. enterprises. Accordingly, such zones are not international legal entities.

Examples of free trade areas include, for example, the European Free Trade Association (EFTA), the North American Free Trade Area (NAFTA). A free trade zone has also been created within the CIS. The agreement on its creation is aimed at the gradual abolition of customs duties, taxes and fees, and quantitative restrictions in mutual trade; The agreement resolves issues of coordination of trade policy in relation to countries that are not parties to the Agreement. Customs Union.

Customs unions arose in Western Europe in the early and mid-18th centuries. The origins of the concept of “customs union” can be found in the Customs Union Agreement of 1867, the French-Monaco Agreement of 1865, the Belgian-Luxembourg Agreement of 1921, the Benelux Customs and Economic Union of 1958 (it is based on the Customs Convention of 5 September 1941).

Of course, we cannot fail to mention the most successful European Economic Union, which is based on the Treaty of Rome in 1957, which established the Customs Union in Chapter 1, Section 1. In addition to it, in the modern world there is a Central American common market, a customs and economic union of Central Africa, etc.

Describing the concept of “customs union”, G.M. Velyaminov points out that this is a higher form of progress towards integration (meaning, in comparison with the Free Trade Zone).

Customs unions mean free, duty-free trade in goods within the union, the elimination of national tariffs of the participating countries, the implementation of a common trade policy by them, the establishment of a single customs tariff for trade with third countries for the entire association of states and, thus, the formation of a single customs space with a common customs tariff and non-tariff protection in relation to other countries.

V.M. Shumilov and A.A. Kovalev draw attention to the fact that the distinctive features of the “customs union”, as defined by the Permanent Court of International Justice, are “... uniformity of customs laws and customs tariffs; unity of customs borders and customs territory in relation to third states; exemption from import and export duties when exchanging goods between partner countries; distribution of duties collected in accordance with the established quota.”

World practice has developed clear international legal rules for the creation of a customs union, which are enshrined in the General Agreement on Tariffs and Trade of 1947. The main provisions of the agreements on the creation of the customs union include:

1) creation of a single customs territory;

2) formation of a single external customs tariff, adoption of uniform basic customs rules;

3) introduction of free circulation of goods: goods within the customs union are circulated without the collection of customs duties and export-import taxes, as well as without the use of export-import quotas and licenses;

4) establishment of a unified customs service or organization of close interaction and cooperation between national customs services.

According to N. Isingarin, a customs union is a contractual association of states in order to create a common customs territory and implement a common trade policy. A common customs territory is created not only by abolishing customs duties and the customs border between members of the union, but also by establishing a single customs tariff and a common external customs border of the union with non-member countries. A joint customs policy, the establishment of a single customs tariff and its regulation, representation of the union in its relations with third states and the international contractual legal capacity of the union are carried out, as a rule, by union bodies specially created for this purpose. Only if all the listed elements are present and in their totality can we talk about the existence of a real customs union, ensuring the formation of a common market.

The functioning of the customs union requires changes in the mechanism for managing integration processes, and its main element is a certain supranational institution that ensures a unified customs and tariff policy and the adaptation of domestic markets to emerging common interests.

In world practice, there is only one experience of the successful formation of a customs union managed through the mechanism of supranational institutions, this is the European Union. Role of the body to which some powers of national authorities are delegated executive power, carried out by the European Commission.

Thus, the essence of transforming a free trade area into a customs union is the creation by member states of a supranational body to which they transfer their powers in the field of customs regulation both in relations with each other and in relations with other countries. The presence of such a body is what distinguishes a free trade zone from a customs union.

It should be noted that by decision of the heads of state of the EurAsEC, during 2008-2014, the Customs Union of three states was formed - Belarus, Kazakhstan, and Russia.

2. INTERSTATE UNIONS IN THE POST-SOVIET SPACE

2.1 Union of Independent States

After the collapse of the USSR in 1991, the Commonwealth of Independent States was created in its place by the former republics. It did not include Latvia, Lithuania and Estonia, and Georgia joined only in 1993. Despite the fact that the CIS was initially positioned as cooperation, very soon the leaders of the newly independent states came to the idea of ​​deeper intercountry interaction. The model of Western European integration was taken as a basis. Believing that as a result of almost 70 years of coexistence within the framework of a single political and economic space of the USSR, the republics are almost ready for an economic union (that is, if we take the classical concept of stages of integration, then we are talking about the fifth, penultimate stage of integration, which we are currently at European Union)!, their leaders concluded the Treaty on its creation in 1993. However, it was not taken into account that both the external and internal conditions of the countries’ existence had changed: the republics, which previously formed a closed system, began to actively contact with outside world, but, most seriously, the economic mechanism has changed - from planned to market. Therefore, the signing of the agreement was largely declarative in nature, and the real actions of the countries participating in the integration process from the very beginning went against its objectives.

TO beginning of XXI century, the CIS failed to radically solve many vital problems, including the organization of qualitatively new international relations between sovereign states, as well as the formation and preservation of a common economic space.

Organizational and legal registration economic unification of the CIS member states fully fits into the concept of multi-speed and multi-level integration and in no way contradicts the prospects for the development of cooperation within the CIS. Moreover, within the CIS it is possible to test forms and methods of economic interaction, which can then be applied in a wider field. As an open association, the Eurasian economic community is ready and able to play the role of a catalyst and driver of integration processes in the economic space of two continents - Europe and Asia, which will open up even greater scope for conducting international business.

With the effective development of integration within the CIS, international business can help more quickly overcome poverty and economic backwardness in all participating countries, as well as worthy positioning of the CIS in the world community and the world economy.

In today's highly competitive world, the elements of community connecting the CIS countries are a valuable advantage. The combination of natural, technological, intellectual and labor resources, production cooperation, joint use of transport communications, and unification of markets can help the Commonwealth more successfully solve the problems of modernization and take its rightful place in the global economic and political system.

This strategy should include the adoption of conceptual measures to strengthen scientific and technical potential, the development of vertical and horizontal coordination innovation activity in the CIS and the creation of a single Eurasian research and innovation space, taking into account the realities of EU enlargement ( Eastern Europe). In addition, Russia traditionally pays increased attention within the CIS to humanitarian cooperation, joint efforts to combat cross-border crime, drug trafficking, terrorism, and other modern challenges and threats. Work in all these areas is carried out on the basis of appropriate medium- and long-term plans.

These tasks are reflected in the priorities of the activities of the EurAsEC and the CSTO. In particular, this refers to the ongoing practical interaction to overcome negative consequences financial and economic crisis, the creation of the Anti-Crisis Fund and the EurAsEC High Technology Center, the implementation of events within the framework of the Year of Science and Innovation in the CIS, the formation of the Collective Rapid Response Force of the CSTO.

As part of the development of collective anti-crisis measures, the Commonwealth states created a permanent institution in the CIS - the Meeting of Finance Ministers.

Nevertheless, the experience of more than 15 years of CIS activity demonstrates the sluggishness of integration in the CIS space, which is largely determined by the weakly expressed market nature of this process and an excessive focus on the development of interstate relations. At the same time, the operational tasks of cooperative ties between producers, trade associations, and business structures are often solved not by the economic entities of the market themselves, but by various ministries and departments. This state of affairs must be reconsidered. Real integration of national market-type economies can be successfully promoted only on the basis of direct economic ties between enterprises and organizations of different countries.

The activities of TNCs in the CIS format already presuppose the cooperation of integration unions. In this regard, it should be noted that the intercountry integration associations formed at the end of the last century in the regional economic spaces of the five continents of the world continue to develop and strengthen their political and economic positions in the 21st century.

As intercountry integration associations grow in quantity and quality, their role in the new global economy of the current century will also grow. Main strategic objectives existing integration unions in modern conditions become:

Firstly, ensuring sustainable economic development of the countries that are part of each union. This is created by organizing more rational use economic resources and creating more favorable conditions for conducting business activities within a single economic complex;

Secondly, participation in interintegration economic cooperation with other intercountry unions in the context of globalization and constant readiness to respond to its challenges;

Thirdly, the formation and protection of a fair world economic order in compliance with international law, preventing the use military force when resolving conflicts economic problems and permissions controversial issues through peaceful negotiations for the benefit of the peoples of all countries of the world without any discrimination.

Proper implementation of the above tasks is the prospect of growing the role and importance of intercountry integration unions (which includes the CIS) in the era of globalization of the world economy.

Thus, the legal basis for the development of economic integration ties within the CIS was the Treaty on the Establishment of the Economic Union, signed on September 24, 1993. The Treaty symbolized the awareness of the need for integration interaction, the need to prioritize the economic aspects of integration, to obtain real results, mutual benefits from close interstate cooperation . The agreement provided for a gradual deepening of integration through the creation of a free trade zone, a customs union, a common market for goods, services, capital and labor, and a monetary union, which undoubtedly opened up wide opportunities for the development of international business. For the real functioning of the Economic Union, constructive decisions are needed, a well-founded concept for its construction, which was defined in the Perspective Plan for the Integration Development of the CIS, adopted on October 21, 1994. This Plan provided for the restoration of previous economic ties, as well as the formation of a customs and payments union.

The highest bodies of the CIS are the Council of Heads of State (CHS) and the Council of Heads of Government of the participating states. The SGP coordinates cooperation between executive authorities in economic, social and other areas of common interests.

The SGP holds four meetings a year, the CUG - two.

The chairmanship of the CGG and the SGP, as well as in other statutory bodies of the Commonwealth, is carried out alternately in the order of the Russian alphabet of the names of the participating states for a period of no more than a year, while the previous and subsequent chairmen are co-chairmen of the current chairman.

As a result, multi-vector network diplomacy, when states act together on the basis of coinciding interests, is becoming the main method of doing business in international relations.

2.2 Union State of Belarus and Russia

Within the framework of Eurasian integration, the key and constructive support is currently the Union State of Russia and Belarus, so it is not for nothing that it is called the foundation of post-Soviet unity.

The beginning of interstate agreements between the Russian Federation of the Republic of Belarus as two independent sovereign states was laid on April 2, 1996, when A.G. Lukashenko and Russia B.N. Yeltsin signed the Treaty on the Community of Belarus and Russia in Moscow, and on April 2, 1997 - Treaty on the Union of Belarus and Russia

Signed on December 8, 1999, the Treaty on the creation of the Union State of Russia and Belarus became important factor development of integration processes, interstate cooperation, as well as the search for mutually acceptable compromises between our two countries.

It should be noted that so far in the post-Soviet space only within the framework of the Union State of Russia and Belarus there is a coordinated foreign policy and equal rights citizens in choosing a place of residence, employment, as well as coordination of the activities of the two countries in the field of education. Russian-Belarusian integration also has an economic dimension.

The level of mutual trade also determines the new economic conditions of the Customs Union of Russia, Belarus and Kazakhstan, which has absorbed many developments and program documents of the Union State of Russia and Belarus. Therefore, both the Union State and the Customs Union need to find their niche in the international division of labor. At the same time, it is necessary to ensure industrial growth through the introduction of new technologies and new forms of economic interaction. And here the role of the experience of Union programs and projects in the scientific and technical field is high.

Parliaments play a significant role in the development of Russian-Belarusian relations, providing a harmonious legal framework for cooperation between them and thereby creating favorable conditions for political, trade and economic cooperation, as well as the social well-being of citizens. All this creates the prerequisites for the formation and development of the Eurasian Union in the future.

Therefore, the convergence of the common positions of the two countries on issues of political strategy, as well as in the economic, social and humanitarian spheres, determines the further process of integration for the entire post-Soviet space.

Thus, the presidents of Russia, Belarus and Kazakhstan set the task of forming the Eurasian Economic Union by 2015. The parliaments of the Troika countries, which form the Eurasian Economic Space and the future Eurasian Economic Union, will have to take a number of steps to realize the Eurasian future.

The main goal of the Union, as stated in the agreement, is to improve the living standards of peoples, strengthen relations of brotherhood, friendship and comprehensive cooperation between Russia and Belarus in political, economic, social and other fields, sustainable socio-economic development of the participating states based on the unification of their material and intellectual potential, the use of market mechanisms for the functioning of the economy.

An important stage in the formation and development of union relations between the Russian Federation and the Republic of Belarus was the signing on December 25, 1998 of the Declaration on the further unification of Belarus and Russia,

Agreement on equal rights of citizens, Agreement on creating equal conditions for business entities and the Protocol thereto.

At the same time, the main directions of integration work in the economic and social spheres were determined.

On December 8, 1999, not only the Treaty on the Establishment of the Union State was signed, but also the Program of Action of the Republic of Belarus and the Russian Federation to implement the provisions of the Treaty on the Establishment of the Union State. These two documents opened the way for reaching a qualitatively new level of relations between the countries. They determined the ultimate goal of integration - the creation of a single Union State.

Thus, the Union State of Russia and Belarus is an important integration project, covering the political, economic and sociocultural spheres of the two states.

At present, a system of full-fledged supranational bodies of the Union State of Russia and Belarus has actually already been formed and is operating. In accordance with the Treaty on the Establishment of the Union State, the Supreme State Council, the Council of Ministers and the Standing Committee of the Union State have been functioning since 2000. Since 2000, 15 meetings of the Supreme State Council of the Union State have been held, where issues have been considered, about 130 resolutions, directives and decrees have been adopted, in which appropriate instructions have been given to the bodies of the Union State, governments, ministries and departments of Russia and Belarus to develop integration between our countries .

A wide range of integration problems are being considered and resolved by the Union Government.

Over the past period, 39 meetings of the Council of Ministers of the Union State were held, at which about 750 issues were considered in various areas of union construction.

More than 470 decisions were adopted in the form of decrees, directives and resolutions. The absolute majority of decisions taken by the highest bodies of the Union State have been implemented.

The Border and Customs Committees, the Union State Committee on Hydrometeorology and Environmental Pollution Monitoring, and the Commission on Tariff and Non-Tariff Regulation under the Council of Ministers of the Union State have been established and are operating. These bodies consist of representatives of the relevant republican and federal bodies of Russia and Belarus and periodically meet at their meetings, where issues of building the Union State in relevant areas are considered and resolved.

For example, in the social sphere, equal rights are ensured for citizens of Belarus and Russia in obtaining education, in employment and remuneration, in acquiring property, owning, using and disposing of it.

Uniform standards for social protection of the population have been introduced, the conditions for pensions, benefits and benefits for war and labor veterans, disabled people and low-income families have been leveled.

Interbudgetary relations play an important role in the formation of the Union State. The general budget of the Union State is formed by deductions from the national budgets of the participating states in the proportions: Russia - 65%, Belarus - 35%.

However, there are a number of problems that slow down integration processes. Even taking into account the fact that for a long time Russia and Belarus were part of one common state, serious political, economic and social reforms are needed to form a mutually beneficial and complementary association of countries. Without bringing together the courses of political reforms, establishing mutually beneficial trade and economic cooperation, unifying legislation, as well as without creating the necessary economic, social, and legal conditions, achieving a full unification of the two states within the Union State on an equal basis is a difficult task.

2.3 Customs union

The history of the formation of the Customs Union began on January 6, 1995, when the Republic of Belarus and the Russian Federation signed the Agreement on the Customs Union; On January 20, 1995, the Republic of Kazakhstan joined it. In accordance with the decisions jointly adopted by the CIS countries, the formation of the Customs Union was supposed to be carried out in two stages. At the first stage, tariff and non-tariff restrictions in mutual trade were to be completely abolished, a single trade regime, common customs tariffs and non-tariff regulation measures were to be established in relation to third countries. At the second stage, it was planned to unite the customs territories of the founding countries into a single customs territory with the transfer of customs control to the external borders of the union. During 1995, the first stage of the formation of the Customs Union was generally completed, and by the middle of the next year a program of measures was prepared to complete the formation of the Customs Union. The signing of the relevant documents was expected.

However, it did not take place: a serious obstacle was the different approaches to determining the main economic interests of the participating countries, which did not allow agreeing on a common list of tariff and non-tariff exemptions from the free trade regime, unifying the provisions of free trade agreements and the corresponding protocols on exemptions from this regime. As a result, new restrictions and obstacles appeared in mutual trade.

At the end of the 1990s, another attempt was made to create a truly functioning supranational body. On February 26, 1999, Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan signed the Treaty on the Customs Union and Common Economic Space. On May 23, 2000, the Interstate Council of the Five decided to form an international economic organization on the basis of the Customs Union, endowed with functions related to joining the World Trade Organization, the formation of customs borders and a unified foreign economic policy. On October 10 of the same year in Astana, the presidents of Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan signed the Treaty establishing the Eurasian Economic Community (EurAsEC). According to the Treaty, the organization was created to effectively promote the process of forming the Customs Union and the Common Economic Space.

Meanwhile, the first years of the organization’s existence showed that none of the member states intended to coordinate their foreign economic policies with other parties to the Treaty, which was clearly evident in the negotiations on the accession of these countries to the WTO. It should be noted that participation in the Customs Union presupposes coordination of tariff support measures with all states included in it. During negotiations to join the WTO, no country agreed on its tariffs with other participants. In addition, states have not developed a clear position on the issue of joining this organization.

of all participants of the Customs Union, a final decision was not made on how accession will take place: whether each country will join independently, while coordinating its positions, or whether states will join within the framework of the Customs Union.

Over the years, the differences have not been smoothed out; the parties have not been able to find a compromise solution on fundamental issues. In addition, some countries were not interested in the effective functioning of the EurAsEC.

On April 18, 2006, at a meeting of the Interstate Council at the level of heads of government of the EurAsEC, differences between the members of the Community clearly emerged: Kazakhstan and Belarus expressed their claims to Russia. The position of Kazakhstan, like Belarus, was that all members of the Customs Union should have the principle of equal access to the infrastructure of national oil and gas markets. Belarus proposed to coordinate the energy policy of the EurAsEC countries. In addition, Belarusian Deputy Prime Minister Andrei Kobyakov was dissatisfied, in his opinion, with the lack of initiative of the EurAsEC bodies in preparing documents on the creation of a single energy market, a single transport space, as well as in the implementation of interstate sectoral programs. Russia categorically refused to discuss this kind of mutual obligations and advocated excluding these issues from consideration when forming the Customs Union.

Kazakh Prime Minister Karim Masimov supported his Belarusian colleague and also spoke out in favor of not creating a Customs Union until Belarus, Kazakhstan and Russia join the WTO.

In June 2006, the Russian Ministry of Economic Development admitted that the formation of the Customs Union between Russia, Belarus and Kazakhstan had been postponed indefinitely. Deputy Head of the Ministry of Economic Development Vitaly Savelyev said that the Customs Union can be created no earlier than Kazakhstan and Russia, and possibly Belarus, join the World Trade Organization. Thus, the inconsistency of positions on key issues, such as energy prices and the conditions for accession to the WTO, did not allow the EurAsEC member states to move on to real actions to form a Customs Union. During this period, the reluctance of states to listen to each other’s opinions, look for possible compromises and implement a policy of real integration was clearly evident.

In August 2006, the heads of the EurAsEC member states decided to create the legal framework of the Customs Union. In October of the following year, documents necessary for its full functioning and forming its institutional structure were signed in Dushanbe. The process of forming the Customs Union has become noticeably more active since mid-2009. Thus, on June 9, 2009, a meeting of the Interstate Council of the Eurasian Economic Community was held.

On November 27, 2009, a regular meeting of the Interstate Council of the EurAsEC took place in Minsk. The key issue was the formation of the Customs Union. Following the meeting of the Interstate Council, the heads of Kazakhstan, Russia and Belarus agreed to introduce a single customs tariff from January 1, 2010, and a single customs territory of the Customs Union from July 1, 2010. It is important that this formation is considered as a forerunner of the Common Economic Space as the most substantiated, logical and complete form of economic integration in the post-Soviet space. It is worth paying attention to the fact that for the first time in recent years, Community states have agreed to transfer part of their state sovereignty to a supranational body. This decision demonstrates all the political will of the participating states to launch the main mechanisms of the Customs Union as soon as possible.

At the same time, the heads of state of the EurAsEC especially emphasized that the Customs Union does not create fundamental obstacles to the participation of member countries in other international economic initiatives. It is expected that the creation of the Customs Union will make it possible to jointly, quickly and effectively confront external challenges and threats, in particular the global financial crisis.

On July 6, 2010, the Customs Code of the Customs Union came into force, uniting the territories of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation into a single customs territory.

The formation of the Customs Union is only the first step towards real integration. The second step should be the accelerated formation of the Common Economic Space.

It seems that the modern development of allied relations between the three republics that created the Customs Union is more productive with separate improvement of both legislation and economic relations within the framework of separate interstate agreements. The presence of common interests and a common geospace among the countries of the Customs Union should facilitate the achievement of agreement on all issues put forward for general discussion. The absence of such consent on the part of at least one of the states must necessarily lead to blocking of this Agreement in order to prevent the creation of a situation where a deliberately impossible decision is made.

3. Problems of improving legislation regulating the functioning of interstate entities

Work to improve the legislation regulating the functioning of interstate entities is ongoing. If we look at the CIS, we can see that the institution of national coordinators for CIS affairs has been introduced. The Economic Court of the CIS operates. In 2008, a special regulation on the chairmanship of the Commonwealth was adopted, which significantly expanded its functions and increased its role in the work of the organization. The flexibility of the cooperation model that exists today and the diversity of tasks being solved make it possible to maintain interaction between all Commonwealth states on a wide range of issues.

In practice, the principle of the so-called mobile geometry is implemented, when states themselves decide which projects to participate in and which not. The CIS, as an organization with the widest range of participants in the post-Soviet space, largely determines the priority areas of interstate interaction.

Among priority areas- completion of the formation and functioning of a free trade zone within the CIS in accordance with the norms and rules of the WTO, the formation of prerequisites for the formation of a common economic space, the creation of effective mechanisms for monetary and financial cooperation. At the same time, the economic component, although key, is, of course, not the only one in the relations between the states that are part of the Commonwealth.

Work is underway to modernize the economies of the Commonwealth member states. The creation of innovations and new innovative technologies is one of the stages of innovative economic development; No less important is the formation of an interstate innovation system with a motivational mechanism for the commercial implementation of the results of scientific and technical activities. In this regard, the most important of the entire range of organizational and economic problems of innovative development of the economies of the CIS member states are the problems of the systemic development of the scientific and technical complex of the Commonwealth participants. This format of development is impossible without the development of an interstate strategy for innovative development.

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state theory interstate association

If we consider interstate associations from a historical perspective, we will not find two absolutely similar. Already in the Ancient World, the Roman Empire was reflected as a type of unification of states, and in the Middle Ages the Frankish state and the Byzantine Empire appeared. During the New Age, the number of interstate associations increases. Known, for example, between Saxony and Poland (1697-1763), the Netherlands and Luxembourg (1815-1890); Confederacy of the United States of America (1788-1789). German (1815-1820 and 1866-1867) and Swiss Confederations (1815-1848); Russian Empire (1721-1917); French protectorate over Madagascar (1885-1896).

The first half of the 20th century marked itself legal registration Commonwealth of Nations (Statute of Westminster 1931); the emergence of the Danish-Icelandic Real Union (1918-1944); the establishment of a Japanese protectorate over Korea in 1905 and Nazi Germany in the Czech Republic, Moravia and Slovakia; the emergence of the USSR (1922).

However, the overwhelming majority of state integration processes of the 20th century occurred in its second half. As a result of the collapse of the metropolitan states in the 50-90s. More than 100 new states emerged in Asia, Africa, Latin America, and Oceania. This largely predetermined the birth of various kinds of communities of states, such as the Organization of African Unity (1963), the Organization of American States (1947), the League of Arab States (1945), etc. The 1971 armed secession of Bengal from Pakistan led to the formation of a new state - Bangladesh. The Confederation of Senegal and the Gambia (Senegambia) lasted from 1981 to 1989, and in 1991 one German state (GDR) became part of another (West Germany).

The emergence in 1949 of an international regional organization - the Council of Europe - marks a new milestone in the development of cooperation between European states, some of which, through the formation of the European Economic Community, have today arrived at a confederal form of government - the European Union.

These processes have not spared Russia either. After the collapse of the USSR in 1991, the Russian Federation became a member of the Commonwealth of Independent States, and in 1996 it joined the Council of Europe. Moreover, events recent years indicate the creation of a new confederation - the Union State of Belarus and Russia.

The above examples convincingly prove that the fact of interstate unification occupies a significant place in the development of the world today.

An interstate association is a union of states created on the basis of an interstate treaty and pursuing the goal of economic and political integration of the participating states. An interstate union is a union of states with the transfer by member states of part of their sovereign powers, as well as with the assumption of special international obligations in this regard. Examples of interstate associations are: the UN, the Commonwealth of Nations (until 1946 - the British Commonwealth of Nations), the European Union (until 1993 - the European Economic Community), the Council of Europe, of which the Russian Federation has been a member since 1996.

Structure of the interstate association

An interstate association is in many ways similar to a confederation, although it differs from it in the degree of integration. General legal basis The formation of an interstate association is the constitution of the country. So, according to Art. 79 of the Constitution of the Russian Federation, Russia can participate in interstate associations and transfer to them part of its powers in accordance with international treaties.

The structure of the interstate association includes:

the highest body (usually the Council of Heads of Government);

executive agency;

administrative body (secretariat);

committees and commissions on special issues,

special bodies (for example, the European Court, the European Commission of Human Rights - until the creation of a single European Court within the Council of Europe). A typical type of interstate association, which includes the Russian Federation, is the Commonwealth of Independent States (CIS) and the Union Sovereign States(SSG). The CIS was formed on December 10, 1991 and consists of 12 states - former republics of the USSR. The Union of Sovereign States (USS) consisting of the Russian Federation and the Republic of Belarus was formed on April 2, 1996.

Special bodies of this community have been established:

the Council of Heads of State, which is represented by heads of state, heads of government and heads of chambers of parliaments (the highest body of the Community);

a parliamentary assembly formed from an equal number of parliamentarians from each party (20 deputies from the Federal Assembly of the Russian Federation and the Supreme Council of the Republic of Belarus) and intended to adopt laws, the effect of which is mandatory for each of the participants;

The executive committee is a permanent body, which is headed alternately for one year by the heads of government of the participating states.