Abstract: The goal of this article is to defi ne international crime taking into consideration the international treaty: the Statute of the International Criminal Court. The author aims to analyze doctrinal developments in the sphere of defi nition of an international crime. As an immediate targets in order to attain this goal, the author has attempted to analyze doctrinal developments regarding defi nition of international crime and international legal precedents in the sphere of international criminal law, allowing to state that currently international criminal law is a formed and comprehensive legal system for fi ghting international crime. Analysis shows that strengthening the fi ght against international crime is fundamental for the guarantees of sustainable peace and effi cient protection of human rights, sustainable economic progress and development. The methodological basis for this article was formed with the dialectic cognition method with the application of the principles of development, comprehensive and systemic character. The article involves general scientifi c and special legal methods: comparative, systemic structural, theoretical methodological, etc. The article provides development for the theoretical fundamentals for the formation of the defi nition of an international crime. The author makes a conclusion that international crimes form a type of international offence, encroaching upon the very fundamentals of the international community, causing grave damage to it and violations of basic principles and norms of international law, guaranteeing global safety and security, protection of human rights and vital values, and crucial interests of the international community as a whole, thus being dangerous to the very human civilization.

Keywords: international crime, fundamentals of international relations, classifi cation of international crimes, elements of an international crime, defi nition of an international crime, Charter of the Nuremberg Tribunal, Draft Code of Crimes, the International Law Commission, the International Criminal Court, international community.

Abstract: The article is devoted to the study of the activities of the WHO in the sphere of fi ghting pharmaceutical counterfeit in the aspect of development of the term “counterfeit” by this organization. The author consequently follows the work of the WHO on clarifi cation of its competence in the sphere of guaranteeing access to quality and effi cient medications, showing that protection of intellectual property rights is a related issue, while being outside the scope of its activities. The article substantiates the position that clear formulae of the term “pharmaceutical counterfeit” are necessary for effi cient international cooperation in the sphere of fi ghting against the wave of counterfeit medications, them being a threat to life and health of the people. Special attention is paid to the correlation between the WHO activities on coordination of international efforts against pharmaceutical counterfeit, and defi ning “counterfeit” as a “ fake” without connotation to the “violation of intellectual property rights”. In this article the author bases his studies upon the comparative analysis of the approaches to defi ning pharmaceutical counterfeit in national and international law. In addition, for the comparative purposes the author uses the approaches towards correlation between protection of health of the population and intellectual property protection in the WHO and the WIPO. It allows for the substantiation of the existence of two international cooperation strategies regarding fi ghting fake pharmaceutical products. The scientifi c novelty of the article is due to revealing the nature of correlation between human rights in the sphere of healthcare and intellectual property rights based upon the example of the activities of the WHO, it being an authoritative international organization. The author makes a conclusion that none of specialized international organization is capable of simultaneously fi ghting falsifi cation of pharmaceutical products in the aspect of protection of right to access to quality and effi cient medication and in the intellectual property protection aspect. However, different international organizations in this sphere should take these aspects into consideration. As the basis for the specifi c features to the WHO approach, the author points out the fact that protection of human rights has higher priority than intellectual property protection, since intellectual property rights are not basic human rights.

Keywords: access to medication, medical counterfeit, intellectual property, human rights, international cooperation, globalization, patent, trademark, public healthcare, the World Health Organization.

Abstract: The article concerns basic legal documents within the UNO system, forming the basis for the universal international standards in the sphere of education. The author analyzes the provisions of basic conventions and declarations, which were adopted by the General Assembly of the UNO on the issues of education. Special attention is paid to the problem of non-discrimination in the sphere of education based on racial, national and religious background, sex, language, health condition. The author studies the fundamentals of international law regarding education of convicted persons and persons with limited abilities. As a result of the study, the author formulates the conclusion on the development within the UN framework of the system of universal standards , guaranteeing general and specifi c rights of every person for an education, as one of the most signifi cant rights within the complex of basic human rights and freedoms. It is noted that the system of universal international standards of the UNO in the sphere of education allows to form the conditions for the implementation of a right of every person for the access to quality education on an universal scale.

Keywords: international organizations, right to education, the United Nations Organization, equal rights, non-discrimination, international documents, international standards, special legal guarantees, basic human freedoms, education.

Abstract: The article substantiates the position that international organizations form the most adequate institutional basis for the international cooperation in the sphere of environmental protection, and they are also a necessary element for the functioning of international environmental law, which is impossible without them. The authors reveal the causes, preventing the international community from the formation of the universal international intergovernmental environmental organization up to this date. It is stated that the currently the UN has the most comprehensive environmental competence, which has started working on various environmental problems in 1949, when there was a chronologically fi rst Conference of the UNO on the issues of preservation and utilization of resources. It is stressed that today many universal intergovernmental organizations, including the specialized UN institutions, turn to the environmental issues within their profi le of activities. The authors analyze environmental competence of the ICAO, FAO and IMO. As for the regional intergovernmental organizations, the authors analyze the environmental competence of the European Union, the African Union and the ASEAN. The attention is paid to the leading international non-governmental organizations in the sphere of environment, such as IUNC and WWF. The latter has formed an initiative on conclusion of treaties exchanging external debt for environmental projects and programs («Debt-for-Nature Swaps»).

Keywords: international organization, environmental competence, the UN program, environment, the European Union, the African Union, ASEAN, CIS, NAFTA, UNEP.

Abstract: The article substantiates the statement on the need to exclude international cooperation from the list of functions of the Prosecution in the Russian Federation. Analysis of the current legislation on prosecution in the Russian Federation (fi rst of all, of the Federal Law “On Prosecution in the Russian Federation” of January 17, 1992 with the later amendments and additions) allows one to refer to eight functions of this law-enforcement body: supervision over compliance with the law, criminal prosecution, coordination of the activities of law-enforcement bodies in the sphere of fi ghting crime; participation of prosecutor in adjudication; participation in the law-making activities; international cooperation; participation of prosecutors in the hearings of the legislative (representative) and executive bodies of the constituent subjects of the Russian Federation, and municipal bodies. In order to achieve brevity one may refer to the function as participation of prosecutors (and other prosecution personnel) in the hearings of the state government bodies; examination and resolution by the prosecution staff of claims and other addresses of the people. The purpose of the Prosecution in the Russian Federation is to implement supervision over the uniform implementation of the legislation in the territory of the Russian Federation.

Keywords: prosecutor supervision, prosecution law, Russian Federation, functions of the prosecution, form of international cooperation, international treaty, normative legal acts, international cooperation of prosecution, law-making activity, legislation.

Abstract: In this article based upon specifi c attempts of peaceful and lawful international confl ict resolution reveals the system of value-, goal-, and principle– oriented institutional and functional guarantees for the formation and support of international stability and security. It is noted that the Constitutions of some civilized states provide for the agreement for the reciprocal (with other states) limitation of their sovereignty for the sake of guarantees of common order, security and peace. The constitutional system offered by the author is the mechanism for the early (pre-treaty) prevention of regional and global confl icts and problems, and in comparison with the currently applied mechanisms it may become an important guarantee for the preservation of international peace and security. In respect of its effi ciency it may have considerable advantages in comparison to the mechanisms currently established by the international law at the UN level, and at the levels of other authoritative international organizations. And the matter is more than just lack of suffi cient material, organizational and technical means of international governmental and non-governmental organizations for the purpose of prevention of international tensions.

Keywords: legal fundamentals, international security, law-making, resolution of international disputes, system of guarantees, international stability, international tensions, the UN, international organizations, norms of international law.

Abstract: The article concerns specifi c features of application of the norm on exhaustion of domestic legal remedies in the sphere of human rights. The author evaluates the activities of various supranational and international judicial bodies. Special attention is paid to the judicial practice of the European Court of Human Rights. The author studies specifi c issues regarding the nature of exhaustion of local legal remedies, the issues of amount of exhaustion of such domestic legal remedies and the goals of this rule in the international law. Having provided the analysis of the practice of the European Court of Human Rights, the European Commission of Human Rights and other human rights institutions, the author draws a conclusion that in the process of implementation of the rule for the exhaustion of domestic legal remedies, there is an established balance between the natural persons addressing these bodies and respondent states. This balance allows for the guarantees of stability of international legal order on one hand, while on the other hand they are aimed at guaranteeing rights and lawful interests of a person.

Keywords: international law, European law, the Council of Europe, the European Court of Human Rights, judicial practice, judicial protection, domestic legal order, international courts, national courts, legal protection.

Abstract: The article concerns the issues of compensation of harm to the victims of international crime by international criminal tribunals (by the International Criminal Court and the ad hoc criminal tribunals. The author also evaluates activities and functions of the Trust Fund of the International Criminal Court in the interests of victims of crimes within the scope of jurisdiction of the ICC. The author states that there is basically universal agreement regarding the fact that the victims of grave international crime have a right for the compensation of harm. However, the attitudes of the ICC and the ad hoc criminal tribunals to the compensation issues differs. The currently active international criminal tribunals ad hoc do not make resolution on compensation to the victims. The tribunals cannot provide compensation for the victims and do not provide proprietary restitution. The International Criminal Court is capable of provision of compensation to the victims, so it does have a somewhat civil law approach to compensation. The court may decide on the compensation issues, and the victims have a right to take part in the process in respect of compensation issues.

Keywords: international law, criminal law, international criminal court, international criminal tribunals, the Trust Fund, harm, victim, compensation, retribution, reparation.

Abstract: ITLOS case study shows that it strongly contributed to the development of the international law of the sea. Author considers such cases that allowed ITLOS to contribute to the provisions regarding preservation and protection of the marine environment, delimitation of the maritime boundary and responsibilities of the States. The author affi rms that Tribunal contributed to progressive development of the law of the See. In its practical activity ITLOS has already made much for the development of the international law of the sea, especially in determination of those institutes and concepts, which were not clearly enough provided for in the Convention. The most demonstrative in this respect is the realization of the competence of prompt release of vessels which is quite new for judicial procedure. In realizing this competence ITLOS had to interpret and concretize many articles of the Convention, especially as to the grounds for detention of foreign vessels in the EEZ and other areas of national jurisdiction; cleared up such an important rule of national law as the amount of fi nancial security for a release of a ship: the rule is borne by international law and being common for many national systems became actually a general principle of law.

Keywords: ITLOS, process verbal, acquiescence, marine environment, delimitation, responsibilities, Convention, Contribution, provisions regarding preservation, protection.

Abstract: The article concerns mixed criminal tribunals, which in the opinion of the author represent the third generation criminal tribunals. The author studies the history of formation of the classic international criminal courts. The mixed (“hybrid”, “internationalized”) tribunals are the institutions, combining international legal institutions and the judicial institutions of the state, where the relevant crimes were committed. These tribunals involve foreign (they are often called international) and national judges, and their statutes also include norms of both national and international law. The author considers that the primary cause for the formation of mixed criminal tribunals is inefficiency of both national and international criminal tribunals in the investigation of international crimes. The mixed tribunals represent a rather f lexible form for guaranteeing due responsibility in the cases, when no other matters may achieve results. They are rather f lexible and they may work with various criminal defendants and various criminal acts.

Keywords: international law, criminal law, national law, judicial system, mixed court, national court, international court, efficiency, hybrid, international crimes.

Abstract: Taking an example of the World Trade Organization, the author evaluate the infl uence of the integration phenomenon on the democracy and institutional organization of states and international organizations. The author considers that the only reliable method for centralization and integration in the international cooperation in an important sphere of activities, such as trade, is judicial resolution of disputes among the states regarding interpretation of the said norms. However, the transfer of judicial competence from the states to the international organization raises the issue of its compliance with the national constitutions. Additionally, revision of the national legislation by the judicial bodies of the organization threatens with the unpredictable widening of the competence of organization outside the scope provided for it by the sovereign member states. There may be a confl ict between the acts of an organization and national legislation, refl ecting differences in values. Providing the organization law with the direct effect without prior approval by the representative bodies challenges one of the necessary conditions for the existence of international relations: supremacy of law, causing doubts in legitimacy and democracy of such a situation. As a conclusion the author states that the only reservoir of experience in this situation lies with the states themselves. However, this experience can hardly be directly transferred to the international level. Therefore, one may state that the contradiction between two vital problems: integration and democracy is not yet resolved, and there is no satisfactory theory for dealing with this contradiction.

Keywords: international law, the World Trade Organization, integration, democracy, organization of activities, institutions, bodies, reform, legitimacy, global trade.

Abstract: The author studies the main issues of tax law and policy of the European Union. The author evaluates the legal fundamentals for the tax policy, the competence of the European Union and the member states in the tax sphere. The author considers that the key principles for the coordination of tax administration of the member states in the EU are: avoiding discrimination and double taxation, prevention of abuse of competence by the tax bodies, lowering the costs regarding taxation in different tax jurisdictions. The author notes, that it is the formation of the common EU market in 1960s and its transformation into the united domestic market in early 1990s required the conditions for the formation of norms and principles in the sphere of taxes and levies, which would guarantee implementation of the basic rights and freedoms: free movement of goods, services, persons and capital among the EU Member States. According to the EU law these freedoms may not be abridged with any obstacles, including those in the sphere of taxation. Accordingly, the coordination process for the tax systems of the EU Member States was aimed fi rst of all at guaranteeing the unity of the domestic market of the EU.

Keywords: European law, the European Union, tax law, coordination, tax administration, tax competition, cooperation, fi scal sovereignty, jurisdiction, tax sphere.

Abstract: The article contains analysis of the changes in the procedure of formation of the EU competences in the sphere of common foreign policy and security policy. It is stated that the tendency within these changes is for the strengthening of the competence of the EU institutions. The author studies the specifi c features of distribution of competences among the Union, the Communities and the EU Member States in the sphere of common foreign policy and security policy. The author states that as a result of adoption and implementation of the Lisbon Treaty there was not merging between the fi rst and the second “pillars” , since while the European Union is very similar to the federal structure, it has no political integration, that is why there is still a threat that the foreign economic policy shall be bound by common foreign political interests. These interests are formed by specifi c states, and such decisions cannot be made at the supranational level. There is no fi xed framework for the “common foreign policy and security”, and their defi nition according to the general character of this sphere of activities is left at the discretion of the states.

Keywords: the European Union, common foreign policy, security policy, competences of the EU, the Lisbon Treaty, the Treaty of the Functioning of the European Union, The EU Treaty, state, competences of the institutions of the Union, court.