The mechanism of the interrelation of international and domestic law

Abstract

The Russian Federation is a member of international relations, a permanent member of the UN Security Council; it is one of the member states of the Council of Europe, the Organization for Security and Cooperation in Europe; since 2012 it is a member state of the World Trade Organization. The participation of the Russian Federation in international cooperation is based on the recognition of universally recognized principles and norms of international law. The Constitution of the Russian Federation, as a regulatory legal act of the highest legal force in the country, enshrines a number of provisions aimed at the practical implementation in the daily life of Russian society of generally accepted principles and norms of international law. Among these provisions is an imperative constitutional norm that enshrines the fact that the universally recognized principles and norms of international law and international treaties of the Russian Federation are part of its legal system and if an international treaty of the Russian Federation establishes other rules than those provided by law, then the rules of the international treaty apply (Part 4 of Article 15 of the Constitution of the Russian Federation). The article establishes that in practical implementation in the national legal system of generally recognized norms and principles of international law, conflicts arise due to the need to ensure a balance between the national interests of the state and the fulfillment of obligations stipulated by international treaties of which the Russian Federation is a party.