General common concept of the международно-legal responsibility

General common concept of the международно-legal responsibility. The международно-legal responsibility is a set of the legal attitudes relations, which arise in the modern international law in connection with an offence, соверш ё нным by any state or other subject of the international law, or in connection with damage, reasons ё нным by the state to other states as a result of lawful activity.

In one cases these правоотношения can concern directly only states - offender and suffering state, in other - can mention the rights and interests of all international community.

Point of view !from the point of view of consequences these правоотношения can be expressed for want of offences in restoration of the infringed right, in reimbursement of a material loss, in acceptance of the various sanctions and other measures of collective or individual character to the state which has infringed the international responsibility, and in case of harmful consequences for want of of lawful activity - in the responsibility to make appropriate indemnification.

Правоотношения of the responsibility in the international law result from wrongful actions or inactivity of the state infringing his its international responsibility. With уч ё volume that, that the norms of the rights regulating questions of the responsibility, come in actions only for want of infringement of primary material norms, some authors name правоотношения of the responsibility as derivative, or вторичными1. The norms regulating the responsibility of the subjects of the international law, differ from main, or primary, norms.

The representative representative of the Netherlands to a Commission of the international law a UN А.Таммес fairly has noticed, that the main norms are those, which directly influence actions of the states. Derivative norms are those, which concern to the responsibility of the states, intend for assistance to practical realization in life of an essence of the international law contained in main norms .2 is very important to not miss from a kind, that an establishment of primary norm and contents of the obligation based on it her one party of business, and establishment that, whether that the obligation was infringed, and if yes, what should be consequences of this infringement other party.

Only last also is sphere of the responsibility as such. The establishment of norms of the international law named primary frequently requires demands development manufacture of the vast and numerous articles, whereas the question on the responsibility is connected to development manufacture rather of few norms sometimes carrying general common character. However it is necessary to agree with remark contained in one of the reports of a commission of the international law a UN that possible probable in this case лаконичность of the formulation the speech ид ё т about a simple problem does not mean at all, that. Opposite on the contrary, in connection with each moment вста ё т set of complex difficult questions, each of which should be considered, for all of them influence choice of the proper formulation 1. The application of norms международно - legal responsibility results in occurrence of the new international legal attitude relation, which derivates, on the one hand, responsibility of the state - offender to stop wrongful actions to restore the infringed right of the suffering state to reimburse of the reasons ё нный damage or to undergo to the sanctions, and on the other hand, right of the affected party to require demand of the state - offender of fulfilment of these responsibilities and to receive appropriate reimbursement and satisfaction.

The commission of the international law a UN, attending preparation of the project of the articles about the responsibility of the state for offences, has come to a conclusion about necessity to concentrate the efforts to researches of norms, which adjust the responsibility, and to conduct for want of it ч ё ткое differentiation between this problem and problem which consists in an establishment of primary norms assigning on the state the obligation, which infringement can cause ответственность.1 The contents of the obligations, закрепл ё нных in primary norms, can be considered for want of definition determination of the contents and consequences of an offence.

Primary, or main norms of the international law, and secondary norms of the международно-legal responsibility, it is necessary to consider in their interdependence and взаимообусловленности.

Or else, without уяснения the contents of main norms and rights, following from them, and responsibilities of the subjects of the international law cannot be defined determined point consequences of their infringement and to differentiate categories of offences.

The consequences of infringement of the international obligation should be in dependence as from the contents of primary norms, to which the given international obligation is based, and from their value for all international community.

It concerns first of all infringement of the obligations connected to maintenance of the international world and safety, with the right on self-determination, protection of the rights of the person, protection of an environment, which should be considered as international crimes, that is as the special category of an offence.

In the report of a Commission of the international law about work е ё to the twenty fifth session is spoken, that, when the problems concerning definition determination of separate categories of offences will be considered, then there will be first of all main question on, whether it is necessary now to admit allow existence of the distinction based on significance of the infringed obligation for international community, whether and it is necessary, thus, to reveal within the framework of the modern international law a separate category more серь ё зных международно-illegal деяний, which, maybe, can be qualified by international crimes 1. Уч ё т of all changes, thus, acquires major significance for achievement of positive result in кодификации of norms and principles of the responsibility in the international law. Correct their reflection is one of laws of development of the modern international law. Кодифицированные of norm and the principles of the международно-legal responsibility should fill in formed in this area of the international law a blank.

In it one of problems кодификации consists, in my opinion in the field of the международно-legal responsibility.

In this work regarding necessary to touch questions of a terminology and to define determine a place of the международно-legal responsibility - in general common system of the international law. On the XXV sessions of a Commission of the international law has found expedient for a designation of an offence to use expressions международно-illegal деяние, instead of expression деликт or other similar expressions, which sometimes can accept the special shade point of view !from the point of view of some systems of the internal right.

For example, the expression международно-illegal деяние point of view !from the point of view of French language is, probably, more correct, than the expression the международно-illegal sertificate act, by virtue of that reason, that противоправность frequently is displayed in inactivity, and the latter precisely designate by the term sertificate act, which on сути induces on an idea on actions under it and some other reasons the commission has decided and for spanish language to use the accordingly term hecho internacionalemente illicito, and for English language to keep the term internationally wrongfull act, as the English term act does not cause such associations what this term causes in French and spanish languages.

Former soviet международно-legal literature strongly included the term an international offence. The replacement by his its new term международно-illegal деяние, on my sight, is not caused by any necessity.

All those reasonable reasons, which were resulted for change of the given term on French and spanish languages, for Russian the significances have not, as the term an international offence in Russian is supposed both action, and inactivity and we shall use in any case of illegal behaviour.

Term international offence in Russian will be used for designation of action or inactivity, which can, according to the international law to be appropriated given to the subject of the international law and which the infringement of the international obligation have basic significance for all international community represents, the term an international crime will be used. Д.Б Левин writes, that development of the international law in present period вед ё т to allocation in separate branch of the right of the international responsibility.

This branch, in his its opinion, should be entered by with three main categories of norms and institutes first, norms and institutes concerning the responsibility of the state for an international offence and determining the basis and the form of this responsibility secondly, norms concerning the criminal liability of the natural persons for international преступления.1 In the same branch, in my opinion, the responsibility of the state for damage, reasons ё нный should enter in connection with lawful activity, which follows from other basis, than international law. The development of the international law requires demands in conditions of deep changes, occurring in the world, of overcoming of considerable difficulties in searches общеприемлемого of the agreement on that, as in what area of the international attitudes relations it is necessary to consider count as the right.

With the purposes of maintenance of the general world and safety a UN is called to promote observance of such attitudes relations between the states and peoples, which for want of can be observed respect for the obligations following from the agreements and other sources of the international law. 1.2.