Analysis of international agreement
- Features of an international agreement
- Contract structure
- Stages of conclusion
- Entry into force
- Why expertise is needed?
- Sign of the contract
- Constitutional Court
The parties to the agreement may be exclusively subjects of international law. A foreign organization must have the rights and legal obligations to enter into this type of contract. Powers include negotiating, accepting a text, expressing consent, and executing other acts.
The object of the agreement is tangible or intangible goods, actions, services, which are specified in the name. The goal refers to the implementation of the plans of both parties. The goal is spelled out in the preamble of the document and approved by the subjects.
Features of an international agreement
Agreements are concluded in writing. But in practice, there may also be an oral one, which carries a number of risks. Main features:
- It is concluded exclusively in writing.
- Signed by two or more parties.
- The possibility of joining of newcomers.
- Regulated by various international standards.
International agreements have a significant role at the global level, because they regulate and order numerous aspects of cooperation. All detailed information is specified in paragraph 4 of Article 15 of the Constitution of the Russian Federation and, in the event of a conflict, proclaims the priority of the norms of international law over national legislation.
In addition to the title and preamble, the structure contains the following elements::
- Main part, conclusion.
- Information about parties.
- Signatures of the parties.
The preamble sets out the main objectives of the agreement. The main part contains all the important information, it is divided into sections and chapters for easier grouping of items by meaning. The chapters are named and numbered. The conclusion specifies the delivery time, the form of payment, etc. Often such documents are accompanied by exchange letters, protocols, rules, etc.
Stages of conclusion
The conclusion of the contract involves the following stages:
- The initiative of one of the subjects.
- Preparation of the template by lawyers.
- Acceptance of the text by the parties.
- Establishing the authenticity (authenticity) of the approved text.
- Signature by the parties.
- Warning about risks and obligations.
The initialing stage is possible, when the signing of an international agreement after the examination is carried out in advance. Even after full agreement of the parties, the document must be approved by the government or other authorities. Separately, the presence or absence of validity periods is specified.
Entry into force
The entry into force is determined according to the agreement of the parties. This is followed by mandatory publication in the Collection of Legislation of the Russian Federation. The originals are archived, and copies are sent to the federal authorities.
The implementation of the agreement is controlled by the Ministry of Foreign Affairs. The order of suspension or termination is similar to the conclusion. The decision to terminate or suspend execution is made by the initiating party.
Why expertise is needed?
The examination of an international agreement is a necessary stage before the start of cooperation between countries. It can be carried out for compliance with the provisions of the Constitution or to check the procedure for concluding a document.
During the examination of the international treaty, the following aspects will be checked:
- The form.
- Compliance of the powers of the parties.
- Content of the norms.
- Compliance with the signing procedure.
- Procedure for ratification.
- Terms of official publication.
You should only entrust the verification of the document to professional lawyers who know all the details of the legislation and minimize the risks for the company or the country as a whole.
Sign of the contract
There are three groups of international treaties in Russia:
The differences depend on the entity entering into the agreement. Also, the group of agreements determines who signs the document and is engaged in negotiations.
The Constitutional Court is granted the right to resolve cases on the subject of compliance with the Constitution and to conduct disputes on the competence of a particular authority. The сourt may determine whether or not the agreement can enter into force. It is also entitled to determine the compliance of the document or its parts with the Constitution, to analyze the decisions of state bodies for contradictions with the Constitution, to consider decisions of foreign courts and arbitration courts (arbitration) that can impose obligations on the Russian Federation and put forward contradictions to the foundations of public law and order.
If the Constitutional Court finds inconsistencies in an international treaty with the Constitution of the Russian Federation, it has the right to prevent its entry into force and application.