Problems of interaction between national and international law in modern conditions

Introduction. The interaction of national and international law is a complex and multifaceted problem of contemporary legal science. In the context of geopolitical tension, © Cуюнова З. М., Габрилян Р. Р., 2025 the relations between these legal systems are becoming increasingly contradictory, which requires a comprehensive analysis of existing approaches and concepts. The paper discusses the main theoretical approaches to the relationship between international and national law, ways of implementing international legal norms into national legal systems, as well as modern trends in the Russian legal system regarding the priority of norms in the context of the relationship between international and domestic law.

Materials and methods. The study is based on the analysis of the normative legal acts of the Russian Federation, including the Constitution of the Russian Federation as amended in 2020, the decisions of the Constitutional Court of the Russian Federation, as well as the provisions of the constitutional acts of foreign states. The author applies the comparative legal, formal legal and historical legal methods in this research. The theoretical base is formed by the works of eminent domestic and foreign scientists in the field of international and constitutional law, including the works of G. I. Tunkin, V. Kaufmann, G. Tripel, and contemporary Russian researchers.

Analysis. The article analyzes the monistic and dualistic concepts of the relationship between international and national law, considers various ways of implementing international legal norms. Particular attention is paid to the evolution of the Russian Federation's approach to the issue of the priority of international law, including amendments to the Constitution of the Russian Federation of 2020 and the legal positions of the Constitutional Court of the Russian Federation. A comparative analysis of the approaches of various states to the implementation of international law in national legal systems is carried out.

Results. The study reveals a trend towards strengthening the protection of national sovereignty in the interaction of international and national law, which is due to the politicization of international legal mechanisms and the selective application of international law by individual states. It is noted that the constitutional amendments of 2020 in Russia do not mean a refusal to fulfill international obligations, but are aimed at protecting constitutional values. The need to find a balance between national sovereignty and international legal obligations is emphasized, as well as the importance of strengthening trust in international law as a mandatory basis for interstate relations. The author comes to the conclusion that it is necessary to create effective mechanisms for the implementation of international legal norms in domestic law while maintaining the political will to comply with the principle of good faith fulfillment of international obligations.

1. Agamirov KV. The predictive analysis of influence of globalization on transformation of rules of international law in the Russian legal system. Baltic Humanitarian Journal. 2017;(4):447-453. (In Russ.).

2. Ivanov A. Human Rights and State Sovereignty in the Decisions of the Constitutional Court of the Russian Federation in Advocate’s Newspaper. Available from: https://www.advgazeta.ru/mneniya/prava-cheloveka-i-gosudarstvennyy-suverenitet-vresheniyakh-ks-rf/ [Accessed 20 October 2024].

3. Kartashkin VA. Human rights and contemporary international relations: a collection of articles. Moscow: Norma; 2024. 176 p.

4. Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved at the all-Russian vote 01.07.2020). Available from: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=LAW&n=2875&dst=0&edition=etD&rnd=McmVGA#Ges9TjUkimod0BVL [Accessed 21 October 2024].

5. Kurnosova TI. The concept and methods of implementing the norms of international law into national legislation. Current problems of Russian law. 2015;(4):203-209. (In Russ.).

6. Ruling of the Constitutional Court of the Russian Federation of 04.12.2007 No. 797-O-O "On the refusal to accept for consideration the complaint of citizen Vladimir Vladimirovich Kara-Murza on the violation of his constitutional rights by the provisions of paragraph 3.1 of Article 4 of the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation". Available from: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=46076&cacheid=23868E837E3432EC9C2F7CF5754E90D3&mode=splus&rnd=McmVGA#bVIATjUiFoAR8id4 [Accessed 13 November 2024].

7. Resolution of the Constitutional Court of the Russian Federation of 14.07.2015 No. 21-P "On the case of verifying the constitutionality of the provisions of Article 1 of the Federal Law "On Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto", paragraphs 1 and 2 of Article 32 of the Federal Law "On International Treaties of the Russian Federation", parts one and four of Article 11, paragraph 4 of part four of Article 392 of the Civil Procedure Code of the Russian Federation, parts 1 and 4 of Article 13, paragraph 4 of part 3 of Article 311 of the Arbitration Procedure Code of the Russian Federation, parts 1 and 4 of Article 15, paragraph 4 of part 1 of Article 350 of the Code of Administrative Procedure of the Russian Federation and paragraph 2 of part four of Article 413 of the Criminal Procedure Code of the Russian Federation in connection with the request of a group of deputies of the State Duma". Available from: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=431881&cacheid=F776C927BFD23FE3496B2A0AF181491F&mode=splus&rnd=McmVGA#vQeATjUcr50S4UlJ3 [Accessed 13 November 2024].

8. Kapustin AY, Avkhadeev VR, Aznagulova GM. [et al.]. The contemporary concept of interaction between international and domestic law in light of amendments to the Constitution of the Russian Federation: monograph. Editor-in-Chief AY. Kapustin. Moscow: Norma; INFRA-M; 2024. 336 p.

9. Tunkin GI. Theory of International Law: Monograph. Ed. by LN. Shestakov. Moscow: Zertsalo-M; 2016. 416 p.

10. On Amendments to the Federal Constitutional Law "On the Constitutional Court of the Russian Federation: Federal Constitutional Law of 14.12.2015 No. 7-FKZ. Available from: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=LAW&n=190427&cacheid=AEAF99E755A6B1F87F7506209F9ACA28&mode=splus&rnd=McmVGA#pR7BTjUlu3E7jAP6 [Accessed 21 October 2024].

11. Kaufman W. Die Rechtskraft des Internationalen Rechtes und das verhältniss der Staatsgesetzgebungen und der Staatsorgane zu demselden. Stuttgart: F. Enke; 1899. 126 p.

12. The Constitution of the Kingdom of the Netherlands in Government of the Netherlands. Available from: https://www.government.nl/documents/regulations/2012/10/18/the-constitution-of-the-kingdom-of-the-netherlands-2008 [Accessed 20 October 2024].

13. Triepel H. Völkerrecht und landesrecht. Leipzig: CL. Hirschfeld, 1899. 452 p.