On the forms of international law implemented in Russia

The article explores the fundamental forms of international law and others, in respect of which discussions are held. The subject of the study is legal relations arising, existing and changing in the system of international law. The article aimed to solve the following problems: (1) the legality of the application of international treaties of the Russian Federation that do not comply with the fundamental (general) principles and norms of international law in a particular case; (2) the reasonableness of the relevance of introducing a number of changes into the law "On International Treaties of the Russian Federation"; (3) the appropriateness of including the doctrine of the most authoritative scholars into the sources of international law; (4) determination of the place of judicial decisions in the system of sources of international law; namely, whether they are precedent, or are only acts of application of international norms in a particular case. The research methods used in the study were both general (analysis, synthesis) and private (analysis of independent characteristics, method of peer review). The author concludes that the fundamental (general) principles of international law, international treaties and customs of international law are fundamental forms of international law; the debatable forms of international law are, first of all, "decisions of the European Court", "judicial precedents", "standards", "legal positions" of the court, "doctrines of authoritative scholars", "judicial practice", "soft law" and others. The following conclusions were also drawn: 1. Development of integrative processes in the world affects interrelated and interdependent global human rights and legal interests. In this regard, the "positive" national law seems clearly insufficient to regulate such complex social relations; the role and importance of international law are growing. 2. International law and domestic law implemented in Russia objectively exist in a single, developing and multilevel system of forms of national and (or) international law. 3. The basic (general) principles of international law (jus cogens) have a higher legal force in relation to international treaties and customs of international law. 4. This allows us to establish the following hierarchy of fundamental forms of international law implemented in Russia: 1) the basic (general) principles of international law (jus cogens); 2) international treaties; 3) the customs of international law.

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