International treaties in Russia

The place of international treaties in the Russian system of law is established by the constitution . According to its 15th article, “universally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system”. ^[one]

The same article establishes the priority of an international treaty over domestic law: "If an international treaty of the Russian Federation establishes rules other than those prescribed by law, then the rules of the international treaty apply." Moreover, if the Constitutional Court considers that the agreement does not comply with the Russian constitution, it will have no effect.

The Law on International Treaties, adopted in 1995, clarifies that international treaties have direct effect, that is, additional laws are not required for their application. ^[2] The same law sets forth the procedure for concluding, ratifying, publishing, implementing and terminating international treaties in Russia.

Russian law divides international treaties into three groups:

• interstate - are concluded on behalf of Russia;
• intergovernmental - are concluded on behalf of the Russian government and
• interdepartmental - concluded by separate federal departments.

Moreover, it does not matter what the name of a particular contract is - an agreement, convention, protocol, exchange of letters, a note or otherwise. ^[3]

The conclusion of international treaties falls within the exclusive competence of the federal authorities. ^[4] However, they may take into account the views of interested regions. ^[5]

The powers to negotiate and conclude international treaties depend on their level:

• the decision to sign interstate agreements is made by the president of Russia or the government (if the issue falls within his competence);
• on signing an intergovernmental agreement - the government;
• on signing an interdepartmental agreement - the head of the relevant federal agency or (on important issues) the government.

At the same time, the president, prime minister or foreign minister can directly negotiate and sign the agreement. The ambassador can also negotiate and sign an international treaty, but only with the host country. There is also an additional opportunity to issue “powers to negotiate and sign,” on behalf of the president or government they draw up the Foreign Ministry. ^[6]

The head of the federal department has the right to sign only interdepartmental documents.

The process of concluding an international treaty begins with the fact that the concerned departments prepare their proposals, which they then send through the Foreign Ministry to the president or the government. If the contract requires amendments to Russian law, an additional opinion of the Ministry of Justice is required.

After signing, the treaty is sent to parliament for ratification . Contrary to popular belief, not all international treaties are subject to ratification. So, the agreement requires ratification:

• if it involves a change in domestic legislation or transfer part of the state powers to the international level;
• if it concerns the rights and freedoms of man and citizen, issues of the border or the sphere of defense and security;
• if the parties agree that ratification of this agreement will be binding. ^[6]

Parliament ratifies the international agreement by a separate law, which requires mandatory approval by both chambers. ^[7]

After ratification, the president draws up a separate document - an instrument of ratification , which is exchanged for the instrument of ratification of the second party to the agreement or deposited with the depositary .

International agreements that do not require ratification are simply approved (adopted) by the president, the government or the relevant minister.

The adopted treaties enter into force by agreement of the parties and are officially published, as well as registered with the Ministry of Foreign Affairs and the UN secretariat or other international organization. At the same time, the parties to the agreement may agree to temporarily begin to apply it before its official entry into force.

The president, government, parliament, or group of parliamentarians, regional authorities, or the Supreme Court may request the Constitutional Court to determine whether an international treaty is in conformity with the constitution. It is important to keep in mind that only contracts that have not yet begun to be valid can be sent to such verification. If judges consider the agreement to be contrary to the fundamental law, it will not be able to ratify or enter into force. ^[8]

The 2015 law, which received wide resonance, allowed the Constitutional Court to exempt the Russian authorities from the execution of the decisions of the European Court of Human Rights . ^[9] However, the new norm does not cancel the operation of the European Convention on Human Rights - the agreement that placed Russia under the jurisdiction of the ECHR.

According to the explanation of the Constitutional Court, the convention remains part of the Russian legal system in accordance with the constitution, and some contradictions arise due to the peculiar interpretation of the convention by the Strasbourg court. ^[10]

The President, the government or the relevant department ensures the execution of international treaties in Russia, and the Ministry of Foreign Affairs is responsible for monitoring the implementation of treaties.

The mechanism for termination or suspension of an agreement is similar to the procedure for its adoption: if the decision on approval was made by the president and the government - it terminates the agreement, if the document passed through parliament - parliamentarians also decide to withdraw from the agreement or to suspend it. The peculiarity of the suspension of the agreement is not only that it is a temporary measure, but also that the Russian authorities should refrain from measures that would prevent the renewal of the agreement. ^[eleven]

• Federal Law "On International Treaties" 1995
• The register of multilateral international treaties of Russia since 1857
• Register of bilateral international treaties of Russia since 1918