Is public control possible in relation to international governmental organizations: towards the formulation of the problem

Malinovskii Oleg Nikolaevich ORCID: 0000-0001-6541-9046 PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author     Goncharov Vitalii Viktorovich PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author

Petrenko Elena Gennad'evna PhD in Law Associate Professor of the Department of State and International Law, Kuban State Agrarian University named after I. T. Trubilin 350044, Russia, Krasnodar Territory, Krasnodar, Kalinina str., 13 niipgergo2009@mail.ru Other publications by this author

Introduction.

The problems of responsibility of international governmental organizations (including the responsibility of the United Nations) are widely studied in the works of A. N. Antonov, ^{[2, pp. 32-39]} A. S. Gulasaryan, ^{[8, pp. 1174-1185]} V. Y. Zamyatin, ^{[10, pp. 130-136]} J. A. Kozhamkulova, ^{[11, pp. 260-262]} O. V. Nezhenets, ^{[12, pp. 230-235]} E. G. Petrenko, ^{[14, pp. 86-89]} M. V. Tamrazyan, ^{[15, pp. 128-131]} as well as a number of other authors. A number of authors, in particular, E. V. Berdnikova, ^{[3, pp. 6-9]} V. V. Goncharov, ^{[5, pp. 80-91]} E. G. Petrenko, ^{[6, pp. 76-79]} A. A. Borisova, ^{[7, pp. 78-91]} T. D. Zavyalova, ^{[9, pp. 111-121]} V. M. Palchenkova, ^{[13, pp. 51-56]} pays close attention to the issues of international legal foundations of public control. However, in the Russian and foreign scientific and educational literature there is an insufficient number of works ^{[4, pp. 94-99]} in which the problem of the possibility and necessity of public control over international governmental organizations would be raised. This circumstance determines the choice of the topic of this scientific research, the purpose of which is to substantiate the need to introduce into the scientific discourse of international law modern problems and prospects for the organization and implementation of public control over international governmental organizations and their territorial divisions at the national state level. The main objectives of the study include: a) analysis of the place and role of international governmental organizations in the system of subjects of international law; b) substantiation of the right of the people to exercise public control over any objects exercising public powers; c) analysis of modern international legislation, which forms the international legal basis of the institution of public control; d) formalization and analysis of the main problems hindering the organization and implementation of public control over international governmental organizations and their territorial divisions at the national state level; e) development and justification of a system of measures to resolve these problems.

Research methods and methodology.

A number of scientific research methods are used in the work, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The empirical basis of the study was made up of international and national legislation that establishes the foundations of public control and the right of civil society to control the mechanism of public power in the country, documents, materials, information related to the practical activities of subjects of public control.

The main part.

An analysis of the international political situation shows that the world has entered an era of peculiar political turbulence, characterized by an increase in the number of interstate conflicts, an increase in migration flows, the emergence and development of man-made regional and global catastrophes, pandemics, and a significant increase in military spending by most states. In this regard, the role and importance of international governmental organizations is increasing. At the same time, we are talking not only about the United Nations, but also about a number of other planetary and regional international governmental organizations of a universal and specialized nature. And if the Russian Federation as a whole adheres to a position in international governmental organizations, of which it is a member, aimed at maintaining the peace and security of mankind, then a number of countries openly express and pursue an openly aggressive position aimed at the emergence and conduct of interstate conflicts, wars, undermining the peace and security of mankind.

At the same time, the structure of international governmental organizations formed following the Second World War, the key of which is the United Nations, the system of international law and international security, are experiencing a systemic and structural crisis, expressed in particular:

Firstly, the inability of the United Nations and a number of other international governmental organizations to ensure the maintenance of peace and security of mankind. This is proved, for example, by the frankly toothless statements of representatives of the United Nations and other international governmental organizations regarding the Israeli shelling of the territories of Lebanon and Syria, the reluctance to conduct international investigations into recent terrorist acts related to the explosion of pagers and other electronic devices in Lebanon, the IDF shelling of peaceful social infrastructure facilities in the Gaza Strip, etc. incidents.

Secondly, the strong dependence of these international governmental organizations on the political and economic establishment of the United States and the core countries of the global capitalist system, as well as multinational corporations. This is expressed in the attempt of these countries to influence, on the one hand, the states of peripheral capitalism (in particular, the countries of the so-called "third world"), forcing the latter to take a position in voting at the United Nations, which suits the United States (for example, in the Russian Federation), on the other hand, officials of various international governmental organizations organizations (in particular, the IAEA), which, for example, ignore the facts of criminal shelling of nuclear power plants on the territory of the Russian Federation by the armed formations of Ukraine.

Thirdly, the periodic disregard by the United States and a number of other countries of their obligations related to membership in the United Nations and a number of other international governmental organizations. In particular, during the presidency of D. Trump, the United States did not fulfill its obligations to pay membership fees to the United Nations and a number of other international government organizations, thereby exerting certain political pressure on them.

Fourthly, the imposition by the United States in international governmental organizations (including the United Nations) of a policy of double standards in relation to the Russian Federation, as well as its activities to protect the rights, freedoms and legitimate interests of Russian citizens on the territory of the subjects of the country where a special military operation is being carried out. At the initiative of the United States, the United Nations and a number of other international governmental organizations are making attempts to adopt UN resolutions and other international legal documents condemning the actions of the Russian Federation to protect the rights, freedoms and legitimate interests of its citizens, which contradicts the UN Charter and a number of international covenants, conventions, and other legal acts (in particular, the International Covenant of 12/16/1966 "On civil and Political Rights", the International Covenant of 19.12.1966 "On Economic, Social and Cultural Rights").

In this regard, we believe that the activities, acts and decisions of international governmental organizations should be recognized as objects of control by the peoples of the world, just as the actions, acts and decisions of public authorities, public organizations, other bodies and organizations exercising certain public powers are recognized by the national legislations of most countries (including the Russian Federation The Federation) as objects of control by civil society (in Russia, these powers are vested in subjects of public control).

What arguments can be given to justify the need to organize and implement public control over the above-mentioned facilities? And what norms of international law underlie the right of peoples to public control over these objects?

First, it is worth recalling that the United Nations was created on behalf of the peoples of the planet. The preamble to the UN Charter explicitly states that the founding members of the UN are the peoples of the United Nations, who have delegated to their Governments, acting through their representatives, the authority to adopt the Charter of the United Nations and to create the international organization United Nations. That is, primary sovereignty is reserved specifically for the peoples of the United Nations, and international governmental organizations themselves, including the UN, exist only in connection with the will of the peoples of the world. In this regard, it seems logical that the peoples of the United Nations, when creating international governmental organizations (the United Nations and organizations derived from it), should also have a set of legal guarantees that would allow the peoples of the United Nations to exercise control both over the powers delegated to international governmental organizations as a whole and over their daily practical activities, expressed in making certain decisions, issuing certain international acts, documents that are mandatory or recommended for execution on the territory of national states.

Secondly, the United Nations and international governmental organizations established within the framework of the United Nations, which are the main and most powerful type of international governmental organizations, are obliged to be guided in their activities by the goals defined in Article 1 of the UN Charter. All the goals of the United Nations, one way or another, are devoted, on the one hand, to the preservation and strengthening of peace and security of mankind (respectively, the prevention of war), and on the other hand, to ensuring normal non–conflict interaction between nations, peoples and nation-states (by developing friendly relations, by taking measures aimed at strengthening universal peace, by international cooperation in solving regional and global problems, and most importantly – by ensuring the preservation, development and realization of human rights and freedoms).

Thus, human rights and freedoms are enshrined in the founding documents of the United Nations as the system-forming values of the United Nations, the preservation, development and implementation of which are devoted to the activities of the United Nations and other international governmental organizations. It seems that the most important element guaranteeing these rights and freedoms is the right of peoples to control these processes.

Thirdly, there are a significant number of international governmental organizations in the world that are created by a limited number of states and outside the UN mandate. For example, this applies to international military alliances, in particular, NATO. The activities of these organizations are formally dedicated and aimed at protecting the member countries of these organizations from military incursions. In practice, these organizations (NATO, first of all) act as a tool for preparing and organizing wars in the world. The founding documents of these organizations (in particular, NATO) do not provide for any accountability at all, on the one hand, to the UN, and on the other hand, to the civil society of the participating countries of these international governmental organizations. Thus, the peoples of these countries are excluded from the possibility of controlling their activities. As a result, the peoples of these countries may be involved in large-scale and even planetary military conflicts, without having formal legal opportunities to influence these processes in terms of preventing these military conflicts, thereby ensuring the preservation of their rights, freedoms and legitimate interests (including the rights to peace and security of mankind).

Fourthly, international governmental organizations (in particular, the United Nations) are endowed with certain rights that may directly affect the rights, freedoms and legitimate interests of a person and citizen in individual national states. In particular, Article 42 and a number of other Articles of the UN Charter provide for the possibility of using Armed Forces against individual nation-States on behalf of the United Nations (for example, to maintain or restore international peace and human security). These processes directly affect the totality of the rights, freedoms and legitimate interests of the peoples living in the countries in respect of which these UN Armed Forces will be involved. At the same time, it seems that the civil society of both the countries whose military contingents will be introduced within the framework of the above-mentioned mission, and the countries where these contingents will be introduced, should be able to monitor these processes in order to ensure the rights, freedom and legitimate interests of man and citizen.

In this regard, we consider it necessary to introduce into scientific discourse the problems concerning the possibility and necessity of controlling the peoples of the world over the activities, acts and decisions of international governmental organizations and their territorial divisions in national states.

However, it should be noted that the organization and implementation of this public control are associated with numerous problems, among which the following can be distinguished:

Firstly, the Charter of the United Nations and other constituent documents of the United Nations and other international governmental organizations do not consolidate the institution of control civil society behind the apparatus of public power. This applies both to the control of the national bureaucracy (public authorities, public organizations and other bodies and organizations exercising certain public powers) and the control of the peoples of the world over the international bureaucracy (international governmental organizations, their territorial divisions in national States, as well as their officials).

The solution to this problem is seen either in making appropriate amendments and additions to the UN Charter, or individual international documents, in particular, to the above-mentioned International Covenant of 12/16/1966 "On Civil and Political Rights". These international legal acts should include the right of the peoples of the world to exercise civil society control over the activities, acts and decisions of international governmental organizations, their territorial divisions and their officials. In these international legal acts, it is necessary to consolidate the basic principles, goals, objectives, types and forms of civil society control measures over these facilities, the mechanism of their interaction with these international governmental organizations.

Secondly, a major problem is the fact that it is not clear which entity may be authorized to exercise control on behalf of the peoples of the United Nations over the activities, acts and decisions of international governmental organizations, their territorial divisions, as well as their officials. It seems that international legal acts should provide for the possibility and necessity of creating international unions and associations of subjects of public control (subjects or institutions of civil society) that could organize and conduct these control activities on behalf of the peoples of the United Nations in relation to the above-mentioned objects.

If we look by analogy at the legislation, in particular, of the Russian Federation on public control (Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation"), we will see that in Russia the possibility of uniting subjects of public control into associations and unions is provided, and the right of subjects of public control is also mentioned their associations and unions participate in international cooperation with similar civil society actors from other countries. Moreover, article 22 of the International Covenant of 12/16/1966 "On Civil and Political Rights" enshrined as an unconditional right of citizens to freedom of association with others to protect their interests.

It seems that at the international level there should be a large number of interstate and international unions and associations of public control, which will be endowed with the appropriate rights to control the activities, acts and decisions of international governmental organizations, including the United Nations. This will make it possible to put the international bureaucracy of international governmental organizations of all types under the control of the peoples of the United Nations, which will strengthen, on the one hand, international peace and security, and on the other hand, create universal mechanisms for the protection, realization and protection of human rights, freedoms and legitimate interests at the international level and at the level of national States.

Thirdly, a significant problem is the fact that international and national legislation essentially lacks a system of measures of legal responsibility for countering the legitimate activities of subjects of public control (subjects of civil society) in terms of organizing and conducting public control measures over the activities, acts and decisions of international governmental organizations, their territorial divisions, as well as their officials. The solution to this problem is seen in the inclusion of relevant norms both in international criminal law and in national criminal codes, normative legal acts regulating administrative and legal liability in these States.

Fourthly, a major problem also lies in the fact that the scientific and legal doctrine of international law does not contain enough materials devoted to studying the problems of the possibility and necessity of organizing and implementing measures by civil society of the peoples of the United Nations to monitor the activities, acts and decisions of international governmental organizations, their territorial divisions, as well as their officials. It seems that the solution to this problem is seen, on the one hand, with the organization of such studies by international and interstate unions and associations of subjects of public control (subjects of civil society), and on the other hand, by national subjects of public control (in relation to the Russian Federation – primarily the Public Chamber of Russia). In addition, these studies should be initiated and funded by the United Nations, which has a significant budget for 2024, amounting to billions of US dollars, which must be spent not only on the voracious international bureaucracy of this international governmental organization, but also on research on the control of their activities by subjects of civil society of the peoples of the United Nations, at whose expense it is carried out UN funding.

Fifthly, a significant problem, in our opinion, is the need to develop and consolidate a system of control over the effectiveness and efficiency of the activities of any subjects of public control (civil society), which will be endowed with the above-mentioned control powers. Their activities will require certain expenses. Therefore, the results of this activity should be as cost-effective as possible (for example, in terms of verifying the validity and compliance with the norms of international law of the processes of spending funds by specified international governmental organizations, etc.). The solution to this problem is seen in the development of modern mechanisms for evaluating these activities, including using digital technologies, ^{[1, pp. 3454-3463; 6, pp. 76-79]} artificial intelligence technologies.

Conclusion.

In the course of our scientific research, we have made a number of conclusions, among which the following can be distinguished:

1. International governmental organizations (including the United Nations) are the most important type of subjects of international law, which have the necessary set of powers to ensure assistance in the implementation, protection and protection of human rights and freedoms in various national states.

2. The peoples of the United Nations have the right to control the activities, acts and decisions of not only national public authorities, public organizations, other bodies and organizations exercising certain public powers, but also the activities, acts and decisions of international governmental organizations, their territorial divisions at the level of national States, as well as the international bureaucracy of these structures.

3. The international legal basis for the above-mentioned control is the UN Charter, the above-mentioned international covenants on certain types of human rights and freedoms, and other international legal acts and documents.

4. The following can be identified as the main problems hindering the organization and implementation of public control over international governmental organizations and their territorial divisions: a) the lack of consolidation in international law of the right of peoples to organize and exercise public control over international governmental organizations, as well as their territorial representations in individual States (with detailed principles forms, methods, principles and mechanism of the specified control measures, types of its subjects authorized to carry out these public control measures); b) the absence at the international and interstate level of a system of subjects authorized to carry out these measures; c) the absence in international law and national legislation of a system of measures of legal responsibility for countering the processes of data d) the lack of elaboration in the doctrine of international law of the institute of civil society control over the activities, acts and decisions of international governmental organizations, their territorial divisions at the level of national States, as well as the international bureaucracy of these structures; e) the lack of elaboration of a system for evaluating the effectiveness and effectiveness of these activities.

5. The resolution of these problems will require the development and implementation of a system of measures, including: a) the consolidation in the UN Charter and constituent documents of international governmental organizations of the right of peoples to organize and exercise public control over international governmental organizations, as well as their territorial representations in individual states (with details of the principles, forms, methods, principles and mechanism of measures of said control, types of its subjects authorized to conduct these public events b) creation of interstate and international associations and unions of public control, which should be empowered to carry out the above-mentioned activities; c) consolidation in international and national legislation of a system of measures of legal responsibility for countering the specified subjects of public control in the organization and conduct of the above-mentioned public control activities; d) organization of scientific and practical research on the problem of of the specified type of public control; e) the development of a system of measures to verify the effectiveness and efficiency of the work of the above-mentioned subjects of public control.