Friendly relations and cooperation between. Bilateral Treaties

The principle of cooperation The principle of cooperation ("Win - won") tells us that we are all members of the same human family and best activity one that takes into account the interests of all parties. We must win everything, therefore, in any interaction it makes sense

4. The difference between fascist and authoritarian states

4. The difference between fascist and authoritarian states In the literature, the concepts of "authoritarian state" and "fascist state" are very often confused or substituted for one another as absolutely identical. This is especially characteristic of the literature of the 1930s and 1940s. AT

International law develops on the principles that are common for all countries - the basic principles. Principles of international law - these are the most important norms of international law, which are binding on all subjects of international law, which are obliged to equally and strictly apply each of the principles, taking into account other principles. The UN Charter articulates seven principles of international law:

1) non-use of force or threat of force;

2) peaceful resolution of international disputes;

3) non-interference in internal affairs;

4) cooperation of states;

5) equality and self-determination of peoples;

6) sovereign equality of states;

7) conscientious fulfillment of international obligations.

8) inviolability of state borders;

9) territorial integrity of states; 10) universal respect for human rights.

Principle of non-use of force or threat of force follows from the wording of the UN Charter, which expressed the common intention and solemn obligation of the world community to save future generations from the scourge of war, to adopt a practice in accordance with which armed forces are used only in the common interest. This principle is universal in nature and binding, regardless of the political, economic, social or cultural system or allied relations of each state. It means that every state in its international relations is obliged to refrain from the threat or use of force against territorial integrity or political independence any state. Such threat or use of force is a violation of international law and the UN Charter; they should never be used as a means of settling international conflicts. Aggressive war is a crime against peace, which entails responsibility under international law. States are obliged to refrain from propaganda of aggressive wars, from the threat or use of force to violate the existing international borders of another state or as a means of settling international disputes, including territorial disputes and issues relating to state borders.

No consideration can be used to justify the threat or use of force in violation of the Charter. States do not have the right to induce, encourage and assist other states in the use of force or the threat of force. They have an obligation to refrain from acts of reprisals involving the use of force. Each state is obliged: to refrain from any violent actions that deprive peoples of their right to self-determination, freedom and independence; from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, to invade the territory of another state; from organizing, inciting, assisting or participating in acts civil war or terrorist acts in another state or from condoning organizational activities within its own territory aimed at the commission of such acts, in the event that the above-mentioned acts are associated with the threat or use of force.

States also have an obligation to refrain from armed intervention and all other forms of interference or attempted threats directed against the legal personality of the state or against its political, economic and cultural foundations. The territory of a state must not be the object of military occupation resulting from the use of force in violation of the provisions of the UN Charter, as well as the object of acquisition by another state as a result of the threat or use of force. No territorial acquisition resulting from the threat or use of force should be recognized as legal.

However, the principle of non-use of force or threat of force does not invalidate the provisions of the Charter relating to cases where the use of force is lawful, including: a) by decision of the UN Security Council in the event of a threat to the peace, any breach of the peace or an act of aggression; b) in the exercise of the right to individual or collective self-defence in the event of an armed attack, until the UN Security Council takes the necessary measures to maintain international peace and security (Article 51).

The principle of peaceful settlement of international disputes presupposes that each state settles its international disputes with other states by peaceful means in such a way as not to endanger international peace and security. Therefore, states should strive for the speedy and fair resolution of their international disputes through negotiations, investigations, mediation, conciliation, arbitration, judicial trial, recourse to regional bodies or agreements, or other peaceful means of their choice, including good offices.

In seeking such a settlement, the parties must agree on peaceful means that are appropriate to the circumstances and nature of the dispute. If the parties fail to reach a settlement of the dispute by one of the aforementioned peaceful means, they are obliged to seek settlement of the dispute through other peaceful means agreed between them.

States that are parties to an international dispute, as well as other States, must act in accordance with the purposes and principles of the United Nations and refrain from any action that may endanger the maintenance of international peace and security.

International disputes are resolved on the basis of the sovereign equality of states and in accordance with the principle of the free choice of means for the peaceful settlement of disputes. The application of a dispute settlement procedure or consent to such a procedure should not be considered inconsistent with the principle of sovereign equality.

There are international procedures providing for the resolution of disputes. Any state, especially if it intends to request the convening of a meeting of the UN Security Council, should contact it, directly or indirectly, at early stage and, if appropriate, in confidence.

The principle of non-intervention in internal affairs means that no state or group of states has the right to interfere directly or indirectly, for whatever reason, in the internal and external affairs of another state. As a consequence, armed and all other forms of intervention or various threats directed against the legal personality of a State or its political, economic and cultural foundations are a violation of international law.

No state may either use or encourage the use of economic, political or any other measures with a view to subordinating another state to itself in the exercise of its sovereign rights and obtaining from it any advantages whatsoever. No state shall also organize, assist, incite, finance, encourage or permit armed, subversive or terrorist activities aimed at changing the order of another state through violence, or intervene in the internal struggle in another state.

Every State has the inalienable right to choose its own political, economic, social and cultural system without any form of interference from any other State.

However, there is an exception to this principle. Intervention in the internal affairs of a state is allowed in cases of a threat to the peace, a violation of the peace or an act of aggression against states that violate international law of coercive measures on the basis of Chapter VII of the UN Charter.

The principle of cooperation obliges states to cooperate with each other, regardless of the characteristics of their political, economic and social systems, in various areas of international relations in order to maintain international peace and security and promote international economic stability and progress, and the general well-being of peoples. The main areas of cooperation are:

¦ maintaining peace and security;

¦ universal respect for human rights;

¦ implementation of international relations in the economic, social, cultural, scientific, technical and commercial fields and promotion of progress in the field of culture and education;

¦ cooperation with the UN and the adoption of measures provided for by its Charter;

¦ promotion of economic growth throughout the world, especially in developing countries.

The principle of equality and self-determination of peoples implies unconditional respect for the right of every people to freely choose the ways and forms of its development. The UN Charter states that this organization is called upon to develop friendly relations between nations based on respect for the principle of equal rights and self-determination of peoples, as well as to take other appropriate measures to strengthen world peace. By virtue of this principle, all peoples have the right to freely determine their political status and pursue their economic, social and cultural development without outside interference, and every state is obliged to respect this right. Each state is obliged to promote the implementation of the principle of equal rights and self-determination of peoples in order to:

a) promote friendly relations and cooperation between states;

b) put an end to colonialism, with due respect for the freely expressed will of the peoples concerned, and bearing in mind that the subjection of peoples to foreign yoke, domination and exploitation is a violation of this principle.

The creation of a sovereign and independent state, the free accession to or association with an independent state, or the establishment of any other political status freely determined by the people, are ways for the people to exercise the right to self-determination.

Every state is obliged to refrain from any violent action that deprives peoples of their right to self-determination, freedom and independence. In their actions against and resistance to such violent measures, these peoples are entitled to seek and receive support in accordance with the principles of the UN Charter.

The territory of a colony or other non-self-governing territory has, under the UN Charter, a status different from that of the territory of a state.

However, this in no way means that the principle of equal rights and self-determination of peoples can be interpreted as authorizing or encouraging any actions that would lead to partial or complete violation of the territorial integrity or political unity of sovereign and independent states.

The principle of the sovereign equality of states follows from the provision of the UN Charter that the organization is based on the principle of sovereign equality of all its members. Based on this, all states enjoy sovereign equality. They have the same rights and obligations and are equal members of the international community, regardless of economic, social, political or other differences. The concept of sovereign equality includes the following elements:

a) states are legally equal;

b) each state enjoys the rights inherent in full sovereignty;

c) each state has an obligation to respect the legal personality of other states;

d) the territorial integrity and political independence of the state are inviolable;

e) every state has the right to freely choose and develop its political, social, economic and cultural systems;

f) Every State has the duty to fulfill fully and in good faith its international obligations and to live in peace with other States.

The principle of conscientious fulfillment of international obligations, unlike other principles, contains the source of the legal force of international law. The content of this principle is that each state must fulfill in good faith the obligations assumed by it in accordance with the UN Charter, arising from the generally recognized principles and norms of international law, as well as from valid international treaties. At the same time, obligations under the UN Charter take precedence over any other obligations.

The principle of inviolability of state borders means that each state is obliged to refrain from the threat or use of force to violate the international borders of another state or as a means of settling international disputes, including territorial disputes and questions relating to state borders. The content of the principle of inviolability of borders includes:

a) recognition of existing borders as legally established;

b) renunciation of any territorial claims in the present and future;

c) renunciation of any other encroachments on state borders.

The principle of territorial integrity of states suggests that the territory is the main historical value and the highest material asset of any state. Within its limits are concentrated all the material resources of people's lives, the organization of their social life. Therefore, international law establishes a particularly respectful attitude towards the territory and patronizes the territorial integrity of states.

The principle of universal respect for human rights obliges every state to promote, through joint and independent action, universal respect for and observance of human rights and fundamental freedoms in accordance with the UN Charter. Given that States have their own rights and national interests They have the right to legislatively establish strictly defined restrictions on the rights and freedoms of the individual. The principle of universal respect for human rights is enshrined, in addition to the UN Charter, in the Universal Declaration of Human Rights (1948) and in two pacts signed in 1966: on civil and political rights; on economic, social and cultural rights. Norms international conventions and human rights agreements such as on the Prevention and Punishment of the Crime of Genocide (1948), on the Elimination of All Forms of Racial Discrimination (1966), on the Elimination of All Forms of Discrimination Against Women (1979), on the Rights of the Child (1989) and others, form a system for implementing this principle, and this will be discussed further.

Concept and distinctive features the basic principles of international law are described in the chapter "Rules of international law".

The presentation of the content of each of the principles is based on the provisions of the Charter of the United Nations and is given in this chapter in accordance with their official specification, which is carried out in the Declaration on Friendly Relations and Cooperation among States in accordance with the UN Charter of October 24, 1970 and in the Final Act Conferences on Security and Cooperation in Europe of August 1, 1975 (section "Declaration of principles by which the participating states will be guided in mutual relations").

The interconnection of principles is noted in the 1970 Declaration:

"Each principle must be considered in the context of all other principles."

Sovereign equality of states

The principle of sovereign equality of states was formed and consolidated in the documents mentioned above as a synthesis of traditional legal postulates - respect for state sovereignty and equality of states. Accordingly, it is characterized as a complex, dual principle. The very combination of these two elements gives rise to a new international legal phenomenon - the sovereign equality of states.

As such, it was enshrined in the UN Charter: "The organization is based on the principle of sovereign equality of all its members" (clause 1, article 2).

According to the 1970 Declaration and the 1975 Final Act, states have the same (equal) rights and obligations, i.e. they are legally equal. At the same time, according to the Declaration, all states "are equal members of the international community, regardless of differences in economic, social, political or other nature."

Each state enjoys the rights inherent in full sovereignty, and at the same time is obliged to respect the legal personality of other states and their respective rights, including the right to determine and exercise at its discretion mutual relations on the basis of international law. Specific to the Final Act is the wording regarding the right of States "to belong or not to belong to international organizations, to be or not to be parties to bilateral or multilateral treaties...".

The “equal sovereignty” of states is characterized by the fact that “each state is sovereign within the system of states, the international community, i.e., in the conditions of interaction and interdependence of states. The sovereignty of one state is associated with the sovereignty of another state and, as a result, must be coordinated with it within the framework of the current international law (the phrase "agreed sovereignty" is found in the literature). The functions of international law include the normative provision of such coordination, a kind of streamlining of the implementation of international legal personality based on state sovereignty.

Non-intervention in internal affairs

The modern understanding of the principle of non-interference in the internal affairs of states is generally fixed in the UN Charter and specified in the indicated international legal documents, as well as in the 1965 UN Declaration on the inadmissibility of interference in the internal affairs of states, on the protection of their independence and sovereignty.

According to the UN Charter, the Organization does not have the right to intervene in matters that are essentially within the domestic jurisdiction of any state.

The 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples confirmed the anti-colonial orientation of the principle and at the same time legally secured the right of all peoples to freely determine their political status, to carry out economic, social and cultural development, to freely dispose of their natural wealth and resources. The International Covenants on Human Rights of 1966 fixed the right to self-determination in a contractual form, binding on the participating states. The 1970 Declaration on the Principles of International Law, as a codifying act, specified its content and determined that the means of exercising the right to self-determination are the creation of a sovereign state, joining a state or uniting with it, establishing any other political status freely chosen by the people.

According to the formulation of this principle in the Final Act of the CSCE as equality and the right of peoples to decide their own destiny, "all peoples always have the right, in conditions of complete freedom, to determine, when and how they wish, their internal and external political status without outside interference and to exercise their own political, economic, social and cultural development".

The other side of the principle, which ensures the protection of sovereign states from separatist movements, arbitrary actions aimed at splitting a sovereign state, is also acquiring particular relevance in modern conditions. Nothing in the principle under consideration, the 1970 Declaration says, should be interpreted as authorizing or encouraging any action that would lead to the dismemberment or violation of the territorial integrity and political unity of sovereign states that respect the principle of equal rights and self-determination of peoples. Thus, this principle must be applied taking into account another basic principle of international law - the territorial integrity of states.

Non-use of force or threat of force

The formation of this principle is associated with such international legal acts as the Convention on the Peaceful Settlement of International Conflicts (1899) and the Convention on the Limitation of the Use of Force in the Recovery of Debt Obligations (1907).

Certain legal restrictions on the use of force were contained in the Statute of the League of Nations. In particular, art. 12 obligated states not to resort to war until certain peaceful means had been used.

Of particular importance in condemning and refusing to resort to war was the Treaty of Paris (Briand-Kellogg Pact) of August 27, 1928. According to its Art. 1 "The High Contracting Parties solemnly declare, in the name of their respective peoples, that they condemn the resort to war to settle international disputes and renounce it in their mutual relations as an instrument of national policy." Article 2 provided for the settlement of disputes or conflicts by peaceful means. This approach, in fact, consolidated the principle of the prohibition of aggressive war, which was later specified and developed in the Charters of the Nuremberg and Tokyo Tribunals and their sentences.

The states of Europe have always attached particular importance to the inviolability of borders, evaluating this factor as one of the main conditions for ensuring European security. The provision on the inviolability of the borders of the states of Europe found normative reflection in the treaties of the USSR, Poland, the GDR and Czechoslovakia with the FRG in 1970-1973.

The Treaty between the USSR and the FRG of August 12, 1970 stated that "peace in Europe can be preserved only if no one encroaches on modern borders." The parties stated that "they do not have any territorial claims against anyone and will not put forward such claims in the future." They will "strictly observe the territorial integrity of all states in Europe within their present borders."

In the Final Act of the CSCE of August 1, 1975, the norms on the inviolability of borders are singled out as an independent principle of relations between states.

The participating States of the CSCE regard all borders of each other and the borders of all states in Europe as inviolable. They undertake to refrain now and in the future from any encroachment on these frontiers, as well as from any demand or action aimed at the seizure and usurpation of part or all of the territory of any participating State.

The principle of inviolability of borders, among other principles, is the basis of the relations of the Russian Federation with other states, which is confirmed by its agreements with them.

The Agreement on the Establishment of the Commonwealth of Independent States of December 8, 1991 and the Alma-Ata Declaration of December 21, 1991 confirm the recognition and respect for the inviolability of existing borders.

The agreement between the Russian Federation and the Republic of Poland on friendly and good-neighbourly cooperation dated May 22, 1992 includes the following provision: "The Parties recognize the existing border between them as inviolable and confirm that they have no territorial claims against each other, and will not put forward such claims in future".

Commitment to the principle of inviolability of borders is also expressed in the Treaty between the Russian Federation and Ukraine on friendship, cooperation and partnership of May 31, 1997, in the Treaty between the Russian Federation and the Republic of Azerbaijan on friendship, cooperation and security of July 3, 1997, etc.

It is significant that this principle, among others, is included in the Founding Act on Mutual Relations, Cooperation and Security between the Russian Federation and the North Atlantic Treaty Organization of May 27, 1997.

Territorial integrity of states

In accordance with this principle, the content of which is revealed in the Final Act of the CSCE, the following obligations are imposed on the states: to respect the territorial integrity of each of the states; refrain from any action inconsistent with the purposes and principles of the UN Charter, against the territorial integrity, political independence or unity of any participating State;

refrain from making each other's territory an object of military occupation or an object of acquisition through the use of force or the threat of force.

The above provisions of the content of the principle of territorial integrity testify to its close connection with other basic principles of international law, especially such as the principle of the non-use of force and the threat of force, the inviolability of borders, equality and self-determination of peoples.

The Declaration on the Principles of International Law of 1970 states that the content of the principle of equal rights and self-determination of peoples should not be interpreted as authorizing or encouraging any action that would lead to the dismemberment or partial or complete violation of the territorial integrity or political unity of sovereign and independent states that have governments , representing all the people belonging to the given territory. The principle of equality and self-determination of peoples obliges states to refrain from any action aimed at partial or complete violation of national unity and the territorial integrity of any other state.

On April 15, 1994, the leaders of the CIS countries adopted the Declaration on Observance of the Sovereignty, Territorial Integrity and Inviolability of the Borders of the CIS Member States.

According to Art. 4 of the Constitution of the Russian Federation, the sovereignty of the Russian Federation extends to its entire territory; it ensures the integrity and inviolability of its territory.

Respect for human rights and fundamental freedoms

The formation of the obligation of states to respect human rights and fundamental freedoms as one of the principles of international law is associated with a longer process of normative regulation than those principles that were directly proclaimed in Art. 2 of the UN Charter and specified in the 1970 Declaration.

The Charter itself, when defining the goals of the UN, refers to the implementation of international cooperation "in the promotion and development of respect for human rights and fundamental freedoms for all ..." (paragraph 3 of article 1). According to Art. 55, the UN promotes "universal respect for and observance of human rights and fundamental freedoms for all...". And if we resort to a comprehensive assessment, we can conclude that the UN Charter imposes on states the obligation not just to respect, but to universal respect for the rights and fundamental freedoms, and not only their respect, but also observance.

The normative content of the principle was developed gradually within the UN, through the proclamation of the Universal Declaration of Human Rights (1948) and the adoption of two international covenants - on economic, social and cultural rights and on civil and political rights (1966), as well as other declarations and conventions.

In parallel, the legal regulation of the obligations of states in the field of human rights and freedoms at the regional level was carried out (American, European, later African conventions, and now within the framework of the Commonwealth of Independent States).

In the 1975 CSCE Final Act, normative prescriptions for respect for human rights and fundamental freedoms were for the first time formulated as components of an independent international principle by which the participating States have undertaken to be guided in their mutual relations.

In accordance with the text of the act, the participating States "will encourage and develop the effective exercise of civil, political, economic, social, cultural and other rights and freedoms, all of which derive from the inherent dignity of the human person and are essential for his free and full development" . In developing this formula, states in the CSCE Vienna Outcome Document (1989) recognized that all rights and freedoms are of paramount importance and must be fully exercised by all appropriate means. The statement of the equal value of all rights and freedoms determines the content of the relevant provisions of the national legislation. In this regard, we note the wording of paragraph 1 of Art. 17 of the Constitution of the Russian Federation: "In the Russian Federation, the rights and freedoms of man and citizen are recognized and guaranteed in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution."

In the Final Act of the CSCE, respect for rights and freedoms is characterized as an essential factor of peace, justice and well-being in interstate friendly relations. It should be borne in mind that in both international covenants human rights and freedoms are regulated taking into account the right of peoples to self-determination. And in the Final Act of the CSCE, there is a provision on respect for the rights and protection of the legitimate interests of persons belonging to national minorities.

In list latest documents that apply the principle under consideration to the situation after the demise of the USSR are the Declaration of the Heads of State of the Commonwealth of Independent States on International Obligations in the Field of Human Rights and Fundamental Freedoms (September 24, 1993) and the CIS Convention on Human Rights and Fundamental Freedoms (26 May 1995).

The principle of respect for rights and fundamental freedoms can be described as the legal basis for the formation and improvement of international humanitarian law as a branch of international law in its modern sense (see Chapter 13). The content of this principle determines the nature of the interaction between international legal and domestic norms in the field of humanitarian cooperation in an environment where international law not only influences national human rights legislation, not only establishes generally accepted standards that states should be guided by, not only puts into effect international means of protecting human rights from mass encroachments, but also becomes a direct regulator and guarantor of certain elements of the legal status of the individual, provided, along with the national, international legal mechanism.

State cooperation

The cooperation of states as a legal principle was first recognized and enshrined in the UN Charter as a result of the fruitful interaction of the powers of the anti-Hitler coalition in World War II and as a criterion for interstate communication in the future. At the same time, a qualitatively new, higher level of interaction was implied than the traditional maintenance of relations between countries.

One of the goals of the UN, according to paragraph 3 of Art. 1, is the implementation of international cooperation in solving international problems of an economic, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion. The principle of cooperation pervades many provisions of the Charter. Among the functions of the General Assembly is the organization of studies and the development of recommendations in order to promote international cooperation in the political field and encourage the progressive development of international law in the fields of economic, social, culture, education, health and the promotion of human rights (Article 13). Chapter IX deals specifically with international economic and social cooperation.

The 1970 Declaration on Principles of International Law emphasizes that cooperation is the responsibility of states: “States have an obligation, regardless of differences in their political, economic and social systems, to cooperate with each other in various fields of international relations with a view to maintaining international peace and security and to promote international economic stability and progress, the general well-being of the peoples...". The Declaration outlines the main areas of cooperation, orienting states towards cooperation both with each other and with the United Nations.

The principle of cooperation was further developed and concretized in relation to pan-European affairs in the Final Act of the CSCE of 1975, according to which the participating states "will develop their cooperation with each other, as with all states, in all fields in accordance with the purposes and principles of the UN Charter ". At the same time, the desire, on its basis, to promote mutual understanding and trust, friendly and good-neighbourly relations, security and justice is especially emphasized.

In modern conditions, achieving the universality of the principle of cooperation is of paramount importance.

Conscientious fulfillment of international obligations

The principle under consideration, as if completing the presentation of the basic principles of international law, was born and for a long time acted as a principle of compliance with international treaties - pacta sunt servanda ("treaties must be respected").

AT modern period from a customary legal norm, it turned into a contractual norm, and its content has significantly changed and enriched.

The preamble of the UN Charter refers to the determination of peoples "to create conditions under which justice and respect for obligations arising from treaties and others can be observed", and in paragraph 2 of Art. 2, the obligation of the members of the UN to conscientiously fulfill the obligations assumed under the Charter is fixed, "in order to ensure to all of them in the aggregate the rights and advantages arising from membership in the membership of the Organization."

An important step in the contractual consolidation of this principle was the Vienna Convention on the Law of Treaties of 1969. It notes that "the principle of free consent and good faith and the rule of pacta sunt servanda have received universal recognition." In Art. 26 establishes: "Each valid agreement is binding on its participants and must be fulfilled by them in good faith."

This principle was described in detail in the Declaration on Principles of International Law of 1970, in the Final Act of the CSCE in 1975 and in other documents.

The meaning of this principle lies in the fact that it is a universal and cardinal norm recognized by all states, expressing the legal obligation of states and other entities to comply with and fulfill the obligations assumed in accordance with the UN Charter, arising from the generally recognized principles and norms of international law and their corresponding international treaties. and other sources of international law.

The principle of conscientious fulfillment of international obligations serves as a criterion for the legitimacy of the activities of states in international and domestic relations. It acts as a condition for stability, the effectiveness of the international legal order, consistent with the legal order of all states.

With the help of this principle, the subjects of international law receive a legal basis to mutually demand from other participants in international communication the fulfillment of the conditions associated with the use of certain rights and the performance of relevant duties. This principle makes it possible to distinguish lawful activity from illegal, prohibited. In this aspect, it is clearly manifested as a peremptory norm of international law. This principle, as it were, warns the states about the inadmissibility of deviation in the treaties they conclude from the cardinal provisions of international law, expressing the fundamental interests of the entire international community, and emphasizes the preventive function of the norms of jus cogens. The principle of conscientious observance of international obligations, linking peremptory norms into a single system of international legal prescriptions, is their integral part. However, if individual norms of jus cogens can be replaced by others on the basis of an agreement between states, then such a replacement is impossible in relation to this principle: its abolition would mean the elimination of all international law.

In developing this principle, it was envisaged that in exercising their sovereign rights, including the right to determine their own laws and regulations, participating States would be consistent with their legal obligations under international law.

The essential features of the principle of conscientious fulfillment of international obligations are the inadmissibility of arbitrary unilateral renunciation of the undertaken obligations and legal liability for violation of international obligations, which occurs in the event of refusal to fulfill them or other actions (or inaction) of a party to the contract that are illegal. Violation of international obligations raises the question of responsibility not only for deviation from the agreement, but also for infringement on the very principle of conscientious fulfillment of international obligations.

LIST OF BILATERAL INTERNATIONAL TREATIES OF THE RUSSIAN FEDERATION

AGREEMENT ON FRIENDLY RELATIONS AND COOPERATION BETWEEN THE RUSSIAN SOVIET FEDERAL SOCIALIST REPUBLIC AND THE REPUBLIC OF HUNGARY

CONTRACT

on friendly relations and cooperation between

Russian Soviet Federative Socialist

Republic and the Hungarian Republic

Russian Soviet Federative Socialist
Republic and the Republic of Hungary,

based on historical roots
relations between their countries, as well as on the traditions of mutual respect and
good neighborliness;

realizing that the further development of the existing
friendly relations and cooperation is responsible
the fundamental interests of their peoples;

declaring its intention to develop its good neighborly
relationships in the spirit of mutual understanding and trust, based on the principles
freedom, democracy, justice and universal
values;

Welcoming the fundamental historical changes in Europe,
which made it possible to overcome confrontation and division
our continent;

imbued with a common desire to promote the transformation
new, united by common values ​​of Europe into a continent of peace,
security and cooperation;

Reaffirming our commitment to the purposes and principles of the Charter
United Nations, as well as the Helsinki
Final Act, Charter of Paris for new Europe and others
documents of the Conference on Security and Cooperation in Europe;

guided by the desire to give a new quality to their
relationships,

agreed on the following:

Article 1

Relations between the Russian Soviet Federative
Socialist Republic and the Hungarian Republic (in
hereinafter referred to as the Parties) will be based on
generally accepted norms of international law, principles of sovereignty
and territorial integrity, equality, non-interference in
internal affairs of each other, good neighborliness and mutually beneficial
cooperation.

The parties reaffirm that every people has the right
freely, without outside interference, dispose of their own destiny and
on the basis of one's own will to exercise one's own
political, economic, social and cultural
development.

Article 2

The parties in their international relations will
refrain from the threat or use of force. They will
resolve disputes arising between them exclusively by peaceful
means.

In the interest of preventing and resolving by peaceful means
disputes, the Parties will support the creation, development and
efficient operation of pan-European structures and measures to
building confidence and security.

Article 3

The Parties shall do their utmost to ensure, on the basis of compliance
all provisions of current and future agreements
seek further reductions in the level of armaments in Europe.
They will contribute to the creation of such ratios of armed
forces and defensive structures that are sufficient for defense,
but exclude the possibility of an attack.

Article 4

different levels on security and defense issues.

Article 5

The parties declare that they great importance contacts and
cooperation between their legislative and executive bodies.
They will encourage contacts between
administrative-territorial units, local authorities
authorities and self-government of the two countries.

Article 6

The parties will systematically consult on
different levels on the further development of bilateral
relations, as well as on international issues representing
mutual interest.

Top leaders of the Russian Soviet Federative
Socialist Republic and the Republic of Hungary will
meet at least once a year.

The Foreign Ministers will hold consultations
less than once a year, at which opinions will be exchanged,
including the implementation of this Agreement.

Article 7

Parties, in order to expand and strengthen friendly
relations and cooperation between their peoples, will contribute to the development
free contacts between citizens, as well as public and
political organizations of their countries.

Article 8

The parties will accept necessary measures for guard
identity and rights of national minorities in accordance with
those obligations that the Parties have taken or will take on
in international treaties and documents of the CSCE.

The parties acknowledge that enforcement of legal rights
national minorities is an element of stability
of the international community, is rightfully the subject of attention
and requires constant cooperation of states. They will
hold regular consultations on issues of national
minorities and cooperate on bilateral and multilateral
basis in this area.

Article 9

The parties agree on the need to eliminate the split in our
continent and in the field of economy. To the best of their ability, they
will seek to promote the process
economic integration. To this end, they will cooperate in
international economic organizations.

Article 10

The parties will pay special attention to the development
mutually beneficial bilateral cooperation in the field of
economy.

They will provide favorable economic,
financial and legal conditions for the development of mutually beneficial
modern forms economic cooperation and will not
apply discriminatory measures in mutual economic relations
against the other Party.

Article 11

The parties will maintain mutually beneficial cooperation in
the field of science and technology. They will ensure that proper
conditions for effective cooperation and research in the field of
fundamental and applied sciences, with special attention
modern engineering and technology.

The Parties will facilitate direct contacts and
joint initiatives of scientists and researchers of the two countries, and
as well as the exchange of scientific and technical information and documentation.

Article 12

The parties, on the basis of mutual interest, will
strive for broad cooperation in the field of environmental protection
environment and resource-saving nature management.

Article 13

The parties are considering expanding and deepening traditional
cultural ties as an integral part of cultural heritage
Europe and the natural needs of their peoples and will mutually
to develop cooperation in the field of culture, art, science,
education and information.

The Parties confirm their readiness to provide everyone
interested person free access to culture and study
language of the other Party and support directed to this
state, public and other initiatives.

The parties confirm their intention to establish
cultural centers and will create all the necessary
organizational and legal conditions.

Article 14

The Parties undertake to ensure the protection and care of cultural
valuables and historical monuments located on their
territory and belonging to the other Party.

They will promote the return of works of art,
which are the national property of the other Party.

The Parties will facilitate access to archive materials,
libraries and other similar institutions in accordance with their
legislation.

Article 15

The parties are ready to cooperate in the field of healthcare,
tourism and sports and will create all the necessary
terms.

Article 16

The parties, in the spirit of European traditions, undertake to preserve and
provide decent care for graves and monuments on the ground
burial places of Hungarian citizens on the territory of Russia and Russian
citizens on the territory of the Republic of Hungary. Both Parties
will be provided with unimpeded access to
in accordance with their legislation.

Article 17

The parties declare their readiness for joint action
in the framework of international cooperation in the fight against organized
crime, terrorism, drug trafficking,
actions that jeopardize the safety of civilians
aviation and shipping, as well as in the fight against smuggling.

The parties will mutually cooperate in the field of legal
help.

Article 18

This Agreement does not affect the rights and obligations
Parties arising from existing bilateral and multilateral
agreements concluded by the Parties with other states.

Article 19

The parties will resolve their disputes related to the interpretation
or the application of this Treaty, primarily by
consultations and direct negotiations.

If the dispute cannot be resolved in accordance with
with the first part of this article within a reasonable time, the Parties undertake
consider what other way to resolve disputes
they could resort in accordance with international law,
the Charter of the United Nations and the documents of the Conference on Security and
cooperation in Europe.

Article 20

This Agreement is concluded for a period of 10 years. His
the action will then be automatically extended for the next
periods of five years, unless either Party notifies the other
Party about its desire to denounce it by written
notice one year prior to the expiration of the relevant period.

Article 21

This Treaty is subject to ratification in accordance with
constitutional procedures of each of the Parties and will enter into force in
day of the exchange of instruments of ratification*.

Article 22

This Treaty will be registered with the UN Secretariat
in accordance with Article 102 of the Charter of the United
Nations.

Done in Moscow on 6 December 1991 in two
copies, each in Russian and Hungarian, both texts
have the same power.

For the Russian Soviet For the Hungarian Republic

Federal Socialist

Republic

B. Yeltsin. J.Antall

_____________

Ratified by the Federal Assembly

Bulletin of International Treaties No. 8 for 1995)

LETTER FROM THE MINISTER OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION

TO THE MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF HUNGARY

Dear Mr. Minister,

I have the honor on behalf of the Government of the Russian Federation

following. In the preamble to the Treaty of Friendly Relations and
cooperation between the Russian Soviet Federative
the Socialist Republic and the Hungarian Republic,

people;".

deep respect.

His Excellency A. Kozyrev

to Mr. GEZA JESENSKI,

Minister of Foreign Affairs

Republic of Hungary

Budapest

LETTER FROM THE MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF HUNGARY

TO THE MINISTER OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION

Dear Mr. Minister!

I have the honor on behalf of the Government of the Republic of Hungary
confirm the agreement reached between us on
following. In the preamble to the Treaty of Friendly Relations and
cooperation between the Republic of Hungary and the Russian
Soviet Federative Socialist Republic,
signed on December 6, 1991 in Moscow, after the fourth
paragraph, the following additional paragraph is inserted:

"Based on the common desire to overcome the legacy
totalitarianism and in particular condemning the 1956 invasion of Hungary
year, which led to the suppression of the democratic aspirations of its
people;".

This paragraph is an integral part of the Agreement. All
the remaining provisions of the Agreement remain in force without change.

Accept, dear Mr. Minister, the assurances of my
deep respect.

GEZE ESENSKI,

Foreign Secretary

Republic of Hungary