Constitutional and legal bases of interaction of municipal and international law

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Purpose: Research of the main constitutional and legal bases of interaction of municipal and interna-tional law. Methodology: In article the method of the comparative analysis, a formal-legal method are used. Results: The bases of a ratio of norms of national and international law relying on standards of the Constitution of the Russian Federation are presented in article. The author, having analyzed the existing legal instructions, shows ambiguity of their interpretation in jurisprudence and practice. Special attention is paid to problems of limits of implementation of rules of international law in the national legal system, existence in separate international conventions of a certain «general» norm which mechanism of realization is subject to settlement by already national legal system of the joined state, wrong interpretation of standards of interna-tional treaties which can lead, as a result, to wrong implementation in the national legal system. As a conclusion it is offered to legislators by consideration of questions of ratification of international agreements to make use of effective international experience of application of this or that institute in standards of the national legal system. Novelty/originality/value: This article represents a certain scientific importance owing to relevance of a subject of a research and its importance for modern Russian society and legal science.

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Короткий адрес: https://sciup.org/140225176

IDR: 140225176

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