Priority of Russian Law Over International Law in Matters of National Security Protection (Criminal Law Aspects)

The article examines the current issues of the correlation between the norms of international law and the national legislation of the Russian Federation in the context of ensuring state security. The author analyzes the theoretical foundations and practical prerequisites for substantiating the priority of certain norms of Russian criminal and criminal procedure law over international obligations in the context of countering existential threats. Modern challenges to national security, including the destructive activities of foreign States, have led to the development of criminal law mechanisms to protect sovereignty and the constitutional order. Materials and Methods: the methodological basis of the research was made up of general scientific and private scientific methods of cognition: dialectical, formal logical (analysis, synthesis, induction, deduction), historical, systemic, comparative legal, hermeneutic. Results: the author comes to the conclusion that the expansion of the list of crimes against the foundations of the constitutional order and state security, as well as the introduction of norms limiting the automatic implementation of international treaties (art. Federal Law No. 419-FZ), reflect the state policy on strengthening criminal law protection of key national interests. Discussion and Conclusions: the necessity of further development and legislative consolidation of clear criteria and procedures for the priority application of the norms of Russian law in cases where the fulfillment of international obligations poses a threat to the sovereignty or security of the Russian Federation is substantiated. It is proposed to focus efforts on improving the mechanisms of criminal law protection of state security, providing for the priority of national legislation in this area.