Competence and functions of an organization for security and co-operation in europe. Politico-military sphere of activity of the OSCE

The Organization for Security and Cooperation in Europe (OSCE) has been operating since January 1, 1995.
Objectives of the OSCE are:

1) promoting the improvement of mutual relations, as well as creating conditions for ensuring a lasting peace;

2) support for the relaxation of international tension;

3) recognition of the indivisibility of European security, as well as mutual interest in the development of cooperation between the member states;

4) recognition of the close interconnectedness of peace and security in Europe and around the world;

5) contribution to the observance of human rights, economic and social progress and the well-being of all peoples.

The main body of the OSCE is the Meeting of Heads of State and Government. It meets in session every two years. The OSCE is composed of representatives of the parliaments of countries that signed the 1975 Helsinki Act and the 1990 Charter of Paris. The Parliamentary Assembly discusses issues raised at the Ministerial Council meetings and at the summits of the OSCE member states; develops and promotes the implementation of mechanisms for the prevention and resolution of conflicts; supports the strengthening and consolidation of democratic institutions in the OSCE participating States.

OSCE bodies are the Council, the Committee of Senior Officials, the Secretariat, the Conflict Prevention Center, etc. The Council, composed of the foreign ministers of the participating States, is the central forum for regular consultations within the OSCE process, the Council considers issues of relevance to the OSCE, and makes the appropriate decisions. It prepares the meetings of the heads of state and government of the participating states and fulfills the tasks defined at these meetings and the decisions taken at them, meets regularly, at least once a year.

The Senior Officials Committee prepares Council meetings, implements its decisions, reviews current issues and considers the future work of the OSCE, including its relations with other international forums. The meetings of the Committee are held at the location of the Secretariat in Prague.

The OSCE Secretariat provides administrative services for meetings of the Council and the Committee of Senior Officials. It maintains an archive of OSCE documentation and distributes documents at the request of participating States. The Secretariat consists of four departments and an administrative and technical staff. The Secretary General is appointed by the Council of Ministers for 3 years.

The Conflict Prevention Center assists the Council in reducing the risk of conflict. The OSCE peace settlement system consists of the following four elements: the OSCE dispute settlement mechanism (adopted in Valletta in 1991), the Convention on Conciliation and Arbitration (adopted in Stockholm in 1992), the OSCE Reconciliation Commission (the regulation was adopted in Stockholm in 1992) and the Regulations on Directive Reconciliation (adopted in Stockholm in 1992). There are 53 member states of the OSCE, including Russia.

The initiative of Russian President Dmitry Medvedev to develop a European Security Treaty and the reform of the OSCE will be central to the Russian side's upcoming meeting of the Council of Foreign Ministers of the organization on December 4-5 in Helsinki, Russian Foreign Ministry spokesman Andrei Nesterenko said in an interview with RIA Novosti.

The Organization for Security and Co-operation in Europe (OSCE) is an international regional political association of 56 states of Europe, Central Asia and North America based on common goals and principles of security and cooperation. year in the form of the Conference on Security and Cooperation in Europe (CSCE).

The OSCE (until January 1, 1995 - the CSCE), recognized as a regional agreement within the meaning of Chapter VIII of the UN Charter, is regarded as one of the main organizations for the peaceful settlement of disputes in the region of its operation, one of the key instruments of early warning, conflict prevention, regulation crises and post-conflict recovery.

The OSCE operates on the basis of the concept of general and comprehensive security, which unites three dimensions - military-political, economic, environmental and humanitarian; is guided by the principles of equal partnership, solidarity and transparency. All participating states have equal status.

Governing bodies discuss security issues of concern to states and make decisions on these issues. All decisions are made by consensus. They are not legally binding, but they carry the political obligations of states.

The supreme body of the OSCE are summits, which are held by agreement of states, as a rule, once every two to three years, depending on the requirements of the international political environment. In years when summits are not held, meetings of the Council of Foreign Ministers (CFM) are convened.

The permanent governing body of the OSCE is Permanent Council meeting in Vienna at the level of permanent representatives of the participating states. Created by the decision of the Roman Ministerial Council in 1993.

A coordinating role in the work of the organization and its collective bodies is played by the the chairman OSCE, whose functions are entrusted to the Minister of Foreign Affairs of the presiding state.

Political-military issues, including disarmament, arms control, confidence-building measures, etc., are discussed at Forum for Security Co-operation OSCE (FSC), which meets in Vienna weekly at the level of representatives of states. The Forum was established in 1992 by the decision of the Helsinki Summit.

On Economic Forum The OSCE, which meets annually in Prague, examines topical issues of pan-European economic and environmental co-operation.

Human dimension issues are discussed at the annual Humanitarian Compliance Review Conferences held in Warsaw.

OSCE Secretariat located in Vienna. Headed by the Secretary General. Consists of seven divisions. These are: the office of the Secretary General; Center for Conflict Prevention; coordinator of economic and environmental activities; Senior Police Adviser; Support Services and Budget Department; department of human resources; Prague office (archive).

Office for Democratic Institutions and Human Rights (ODIHR) has been working in Warsaw since 1990. Engaged in facilitating and monitoring elections, supporting democratic institutions, NGOs, human rights, etc.

High Commissioner on National Minorities (HCNM) has been operating since 1992 in The Hague. A tool for preventive diplomacy. Its main task is to prevent conflicts on ethnic grounds at the earliest possible stage.

Freedom of the Media Representative has been working since 1997 in Vienna. Provides assistance to governments of states in the development of a free press.

OSCE Parliamentary Assembly established in 1991 as an independent parliamentary structure. Consists of parliamentarians from OSCE countries who meet twice a year for summer and winter sessions in one of the participating States. Assembly resolutions are not binding on governments.

17 missions and field presences of the Organization function in the OSCE area. The OSCE headquarters is located in Vienna (Austria).

The material was prepared on the basis of information from open sources

OSCE (from the English OSCE - Organization for Security and Co-operation in Europe, French Organization pour la sécurité et la coopération en Europe) - Organization for Security and Co-operation in Europe. The world's largest regional security organization. It brings together 57 countries located in North America, Europe and Central Asia.

The OSCE was established on August 1, 1975 in Helsinki, Finland, where the heads of 35 states that day signed the Final Act of the Conference on Security and Cooperation in Europe (Helsinki Agreements).

Goals and Objectives of the OSCE

The main goal of the OSCE is to prevent the emergence of conflicts in the region, the settlement of crisis situations, and the elimination of the consequences of conflicts.

The main means of ensuring security and solving the main tasks of the organization:

1) "The first basket", or the political-military dimension:

• arms proliferation control;
• diplomatic efforts to prevent conflicts;
• measures to build trust and safety.

2) "The second basket", or economic and environmental dimension:

• economic and environmental safety.

3) "The third basket", or the human dimension:

• protection of human rights;
• development of democratic institutions;
• election monitoring.

All OSCE participating States enjoy equal status. Decisions are made by consensus. They are not legally binding, but of great political importance.

The staff of the organization is about 370 people employed in the governing bodies of the organization, as well as about 3500 employees working in field missions.

OSCE Participants

• Austria
• Malta
• Azerbaijan
• Moldavia
• Albania
• Monaco
• Andorra
• Mongolia
• Armenia
• Netherlands
• Belarus
• Norway
• Belgium
• Poland
• Bulgaria
• Portugal
• Bosnia and Herzegovina
• Russia
• Vatican
• Romania
• United Kingdom
• San Marino
• Hungary
• Serbia
• Germany
• Slovakia
• Greece
• Slovenia
• Georgia
• Denmark
• Tajikistan
• Ireland
• Turkmenistan
• Iceland
• Turkey
• Spain
• Uzbekistan
• Italy
• Ukraine
• Kazakhstan
• Finland
• Canada
• France
• Croatia
• Kyrgyzstan
• Montenegro
• Latvia
• Czech
• Lithuania
• Switzerland
• Liechtenstein
• Sweden
• Luxembourg
• Estonia
• Macedonia

OSCE partners

• Algeria
• Afghanistan
• Egypt
• Israel
• South Korea
• Jordan
• Thailand
• Morocco
• Japan
• Tunisia
• Australia

OSCE structure

The main bodies of the organization are:

• Summit (summit) is a periodically held meeting of the heads of state and government of the OSCE countries.
• The Council of Foreign Ministers is an annual (except for the year of summits) meeting of the foreign ministers of the OSCE participating States.
• The Permanent Council is chaired by the Chairperson-in-Office (CiO), who has held this position for a year. Conducts political consultations and decisions on a regular basis (meets weekly in Vienna).
• Forum for Security Co-operation - regularly discusses arms control and CSBM issues (meets weekly in Vienna).
• High Commissioner for National Minorities.
• OSCE Office for Democratic Institutions and Human Rights.
• Parliamentary Assembly of the OSCE.
• Representative on Freedom of the Media - Observes developments in the media situation in 56 OSCE participating States.

Official languages ​​of the OSCE

The official languages ​​of the Organization for Security and Cooperation in Europe are:

• English,
• Spanish,
• Italian,
• German,
• Russian,
• French.

OSCE leadership

The Chairman-in-Office (he becomes the Minister of Foreign Affairs of the country-chairmanship) - manages the current activities of the OSCE. Coordinates the work of OSCE institutions / institutions. Represents the organization, observes and facilitates the resolution of conflicts and crisis situations.

At the meeting of the OSCE Ministerial Council in early December 2013 in Kiev, Switzerland was chosen as the OSCE Chair in 2014, with the current President Didier Burkhalter.

Secretary General - heads the Secretariat. Appointed by the Council of Ministers for a term of 3 years. From 2011 to the present day it is Lamberto Zannier.

OSCE budget

The OSCE Consolidated Budget is divided into two parts: the Secretariat and Institutional Budget and the Field Operations Budget. In 2013, the organization's budget was 145 million euros.

OSCE Special Monitoring Mission to Ukraine

The OSCE Special Monitoring Mission to Ukraine (SMM) is an unarmed civilian mission whose main tasks are to impartially and objectively monitor and report on the situation in eastern Ukraine, and to facilitate dialogue between all parties to the conflict. The SMM began its work on March 21, 2014 in connection with the appeal of the government of Ukraine to the OSCE and the common decision of all OSCE participating States. The mission's mandate is renewed every six months.

The Organization for Security and Cooperation in Europe is an important interstate body whose main task is to maintain peace and stability on the continent. The history of this structure has more than one decade. But there has been a long debate about the real effectiveness of the organization's work. Let's find out what the Organization for Security and Cooperation in Europe is, find out its main goals and functions, as well as a short history of its activities.

History of creation

First of all, let us find out under what circumstances the OSCE was created.

The idea of ​​convening a meeting of representatives of states, which would develop general principles of international policy in the region, was first announced in Bucharest in 1966 by representatives of European countries from the socialist camp that were part of the ATS bloc. Later, this initiative was supported by France and some other Western states. But the decisive contribution was made by the position of Finland. It was this country that offered to hold these meetings in its capital - Helsinki.

The preliminary consultation phase ran from November 1972 to June 1973. The meeting was chaired by 33 delegates from Canada and the United States. At this stage, general recommendations for further cooperation were being worked out, the regulations and the agenda of the negotiations were drawn up.

The very first meeting took place in early July 1973. It is from this date that it is customary to count the activities of the OSCE. At this stage, the foreign ministers of all European countries, except Albania, and two North American states took part in the discussion. Common ground was found on the main issues, which was reflected in the "Final Recommendations".

At the second stage, which took place in Geneva from September 1973 to July 1975, the representatives of the contracting countries clarified the most important points of general cooperation so that they meet the interests of all participants as much as possible, and also agree on all controversial issues.

The direct signing of the final act took place in late July - early August 1975 in Helsinki. It was attended by the top leaders of all 35 contracting countries. The final agreement was officially called the "Final Act of the CSCE", and unofficially it was customary to call it the Helsinki agreements.

Main provisions of the Helsinki agreements

In the final document of the Helsinki agreements, the results of World War II were officially enshrined. In addition, 10 main principles of international legal relations were developed. Among them, the principle of inviolability of the existing territorial borders of European countries, non-interference, equality of states, observance of fundamental human freedoms, the right of nations to decide their fate should be highlighted.

In addition, general agreements were developed on mutual relations in the cultural, military-political, legal and humanitarian spheres.

Further development of the organization

Since then, the Council for Security and Cooperation in Europe (CSCE) began to meet regularly. The meetings took place in Belgrade (1977-1978), Madrid (1980-1983), Stockholm (1984) and Vienna (1986).

One of the most significant was the meeting in Paris in September 1990, in which the top leadership of the participating countries took part. It adopted the famous Charter of Paris, which marked the end of the Cold War, signed an arms treaty, and spelled out important organizational issues for further consultations.

At the Moscow meeting in 1991, a resolution was adopted on the priority of human rights over domestic laws.

In 1992, at a meeting in Helsinki, the CSCE was reformatted. If earlier it, in fact, was a forum for communication between the leadership of the member states, then from that moment it began to turn into a full-fledged permanent organization. In the same year, a new post was introduced in Stockholm - Secretary General of the CSCE.

In 1993, at a meeting held in Rome, agreements were reached on the creation of a Standing Committee, where the participating countries sent their delegates for representation.

Thus, the CSCE increasingly began to acquire the features of a permanently functioning organization. To bring the name in line with the real format, in 1994 in Budapest it was decided that now the CSCE will be called nothing else than the Organization for Security and Cooperation in Europe (OSCE). This provision came into force at the beginning of 1995.

Thereafter, significant meetings of OSCE delegates were held in Lisbon (1996), Copenhagen (1997), Oslo (1998), Istanbul (1999), Vienna (2000), Bucharest (2001), Lisbon (2002), Maastricht (2003), Sofia ( 2004), Ljubljana (2005), Astana (2010). At these forums, issues of terrorism, separatism, and human rights issues were discussed.

It should be noted that, since 2003, Russia in the OSCE has taken a position that often differs from the opinion of most other participating countries. For this reason, many common solutions are blocked. At one time there was even talk of a possible withdrawal of the Russian Federation from the organization.

Goals

The main goals that the OSCE countries set themselves are the achievement of peace and stability in Europe. To accomplish this task, the organization actively participates in the settlement of conflicts between powers and within the participating states, controls the proliferation of weapons, and conducts diplomatic preventive measures to prevent possible conflicts.

The organization monitors the economic situation and the environment in the region, as well as the observance of human rights in European countries. The OSCE's activities are aimed at monitoring elections in the participating countries by sending observers to them. The organization encourages the development of democratic institutions.

Participating countries

Europe naturally has the largest representation in the organization. The OSCE has a total of 57 member states. In addition to Europe, two states from North America (Canada and the USA), as well as a number of Asian countries (Mongolia, Uzbekistan, Tajikistan, Turkmenistan, etc.) are directly involved in this organization.

But the status of a participant is not the only one that exists in this organization. Afghanistan, Tunisia, Morocco, Israel and a number of other states are considered partners for cooperation.

Structure of OSCE bodies

The Organization for Security and Cooperation in Europe has a fairly extensive management structure.

To address the most important issues of a global nature, the Summit of Heads of State and Government is being convened. It is the decisions of this body that are of paramount importance. But it should be noted that the last time such a meeting was held in 2010 in Astana, and before that - only in 1999.

Unlike the Summit, the Council of Foreign Ministers meets annually. In addition to discussing the most important issues, his tasks include the election of the Secretary General of the organization.

The OSCE Permanent Council is the main body of this structure, which works on a permanent basis and meets every week in Vienna. He discusses the issues raised and makes decisions on them. This body is headed by the current chairman.

In addition, the important structural bodies of the OSCE are the Parliamentary Assembly, the Office for Democratic Institutions, and the Forum for Security Co-operation.

The first persons in the OSCE are considered the Chairman-in-Office and the Secretary General. We will talk in more detail below about the meaning of these positions and about some of the structural bodies of the OSCE.

Chairman-in-Office

The Chairman-in-Office is in charge of managing and organizing the day-to-day activities of the OSCE.

This position is held by the minister of the country that chairs the OSCE this year. In 2016, this honorary mission is carried out by Germany, which means that the chairman of the OSCE is the head of the Ministry of Foreign Affairs of the Federal Republic of Germany F.-V. Stahnmeier. In 2015, this position was held by the representative of Serbia, Ivica Dacic.

The tasks of the chairman include coordinating the work of the OSCE bodies, as well as representing this organization at the international level. For example, Ivica Dacic in 2015 took an active part in the settlement of the armed conflict in Ukraine.

Secretary General's post

The second most important post in the organization is the General Secretary. Election to this position is held every three years by the Council of Ministers. At the moment there is an Italian Lamberto Zannier.

The powers include the leadership, that is, he is actually the head of the administration. In addition, this person acts as a representative of the OSCE during the absence of the Chairman-in-Office.

Parliamentary Assembly

The OSCE Parliamentary Assembly includes representatives of all 57 of its participants. This structure was founded in 1992 as an inter-parliamentary organization. It consists of more than 300 deputies, who are delegated by the parliaments of the participating countries.

The headquarters of this body is located in Copenhagen. The President and the Secretary General are considered the first persons of the Parliamentary Assembly.

A permanent and three specialized committees operate within the framework of PACE.

Criticism

In recent years, more and more criticism of the organization. Many experts argue that at the moment the OSCE is not capable of solving really key challenges and needs to be reformed. Due to the nature of decision-making, many decisions supported by a majority of members can be blocked by a minority.

In addition, there are precedents when even the adopted OSCE decisions are not implemented.

Importance of the OSCE

Despite all the shortcomings, it is difficult to overestimate the importance of the OSCE. This organization is a platform where the participating countries can find common ground on controversial issues, resolve the conflict, agree on a joint position on the solution of a specific problem. In addition, the organization is making great efforts to ensure human rights in European countries and democratize society.

It should not be forgotten that at one time the Cold War was ended not least thanks to consultations within the CSCE. At the same time, it is necessary to try to ensure that this organization also fully accepts new political and humanitarian challenges. And this requires reforming the OSCE.

Over the twenty years of its existence, the Conference on Security and Cooperation in Europe (CSCE) as an international legal institution from an international conference - a mechanism of multilateral interstate negotiations and consultations held in the form of regular meetings - has evolved to an international organization - the Organization for Security and Cooperation in Europe ( OSCE).

As an international conference, the CSCE was held in accordance with the rules traditionally established in the practice of such meetings, as well as its own rules of procedure. The following provisions have become important elements of this procedure: The meeting is held "outside military alliances"; states participate in the Conference "in conditions of complete equality"; decisions of the Meeting are taken on the basis of consensus, which is defined “as the absence of any objection whatsoever expressed by any representative and put forward by him as representing an obstacle to a decision on the issue under consideration”.

The Meeting was initially represented by 35 states, including 33 European, as well as the United States and Canada.

As a result of the summit in Helsinki on July 30 - August 1, 1975, the Heads of State and Government signed the Final Act, which includes a preamble and five sections: "Questions Relating to Security in Europe", "Cooperation in the Field of Economics, Science and Technology and environment "," Questions related to security and cooperation in the Mediterranean "," Cooperation in humanitarian and other fields "," Follow-up to the Meeting ".

The most important part of the first section was the "Declaration of principles by which the participating states will be guided in mutual relations", in which the well-known principles of the UN Charter are reproduced and concretized; at the same time, norms on the inviolability of borders, on the territorial integrity of states, on respect for human rights and fundamental freedoms have been raised to the rank of principles, provisions have been formulated that determine their content.

This characterizes the Final Act as a source of international law.

In addition, it contains new norms for international law on confidence-building measures, which include preliminary notifications of military exercises and troop movements, invitation of observers, exchange of military personnel, including visits by military delegations.

In other sections, recommendations are given on concerted actions in various areas of cooperation, including legally significant provisions governing contacts between people, including family reunification and marriages between citizens of different states, the procedure for disseminating and exchanging information, cooperation and exchanges in the field of culture, education.

The participating States declared their determination “to take due account of and implement the provisions of the Final Act of the Meeting” and “to continue the multilateral process initiated by the Meeting”, in particular by holding new meetings at various levels. These include the 1980-1983 Madrid meeting, the 1984-1986 Stockholm Conference on Confidence- and Security-Building Measures and Disarmament in Europe, the 1986-1989 Vienna Meeting, the Paris Summit in November 1990. , in Helsinki in July 1992 and in Budapest in December 1994, in Lisbon in 1996. Within the framework of the Meeting, three meetings of the so-called Conference on the Human Dimension of the CSCE were held (including in Moscow in 1991), several meetings experts in the peaceful settlement of disputes.

The Act "Charter of Paris for a New Europe" signed as a result of the meeting in Paris on November 21, 1990, developing its provisions, the document of the meeting in Helsinki "Challenge of the time of change" dated July 10, 1992 and adopted at the meeting in Prague on January 30-31, 1992 The document on the further development of the institutions and structures of the CSCE marked a fundamentally new stage in the status and activities of the CSCE.

In the Helsinki Document, the heads of state stated that they view the CSCE "as a regional agreement in the sense that it is stated in Chapter VIII of the Charter of the United Nations." This status was recognized by the UN General Assembly, which at its 48th session in 1993 granted the CSCE official observer status at the UN.

The package of documents adopted at the meeting of Heads of State and Government in Budapest on December 5-6, 1994 - the Political Declaration "Towards a True Partnership in a New Era" and the Budapest decisions (including "Strengthening the CSCE", "Code of Conduct Concerning Military political aspects of security "," Human Dimension "," Economic Dimension ") - represent the legal basis for the transition to a new stage in the activities of the CSCE as an international organization. The term "regional organization" is not used in official documents; at the same time, as stated in one of the decisions of the Budapest meeting, the participating states will deepen cooperation "as participants in a regional agreement in the sense as defined in Chapter VIII of the UN Charter." By the decision of the Budapest meeting, from January 1, 1995, the CSCE was renamed the OSCE - the Organization for Security and Cooperation in Europe, the level and powers of the bodies were increased. However, the document Strengthening the CSCE comments as follows:

"Renaming the CSCE to OSCE does not change the nature of our CSCE commitments, nor the status of the CSCE and its institutions." Such a statement obviously means continuity. The OSCE does not yet have an integral constituent act. We can say that his role is temporarily played by the documents of the Paris (1990), Helsinki (1992) and Budapest, (1994) meetings.

The OSCE structure is in its infancy.

Council of Ministers(formerly the Council) is characterized as the central governing body responsible for making decisions. It meets at the level of foreign ministers and appoints a country whose representative will serve as the OSCE Chairman-in-Office for a year. Within the Council, a kind of formation called the Troika is envisaged: it includes the current chairman, the minister who performed this function in the previous year, and the minister who will become the acting chairman next year. ...

Governing body replaced the Committee of Senior Officials, which had existed for several years, which carried out such duties as preparing the meetings of the Council, implementing its decisions, coordinating the activities of subsidiary bodies. His competence also included consideration of issues in the event of critical situations and the use of the mechanism for a peaceful settlement, and, if necessary, the adoption of decisions on the conduct of CSCE peacekeeping operations. Obviously, the Governing Body will have a similar role to play. As stated in the decision of the Budapest meeting, it "will discuss and formulate guiding principles of a political and general budgetary nature", and will also be convened as an Economic Forum. The meeting of this Council at the level of responsible officials of the ministries of foreign affairs is held in Prague at least twice a year.

Permanent Council(formerly the Standing Committee) is defined as the main body for political consultation and day-to-day decision-making, as well as for dealing with emergencies. It is composed of the permanent representatives of the participating States. The meetings are held in Vienna.

Secretariat provides organizational and technical services for the meetings of these main bodies, manages documentation and archives, publishes documents. The Secretary General, whose office was established in 1992, participates in the coordination of the activities of various bodies, assists the Chairman-in-Office, and takes part in Troika meetings at the ministerial level.

The OSCE also includes the Office for Democratic Institutions and Human Rights, the Office of the High Commissioner for National Minorities, and the Parliamentary Assembly.

European Union

This organization of Western countries acquired this name in 1993, having gone a long way of development and reorganization of European communities.

The European Communities (EU) united three international organizations: the European Coal and Steel Community (ECSC), the European Atomic Energy Community (Euratom), and the European Economic Community (EEC).

The dominant position in terms of its functions and real significance was occupied by the EEC, whose task was to form a common market through the gradual abolition of customs duties and quantitative restrictions on the import and export of goods, free movement of labor, capital and services, and coordination of economic, social, monetary and investment policies.

In 1965, an agreement on the merger of the communities was signed and unified governing and executive bodies were created.

The initial members of the communities were six states - France, Italy, Germany, Belgium, the Netherlands, Luxembourg, in subsequent years Denmark, Ireland, Great Britain, Greece, Portugal, Spain, Austria, Finland, Sweden entered.

The European Communities (the name in the singular "European Community" was often used) have become an important factor not only in European, but also in global international relations. Initially, the EU's core competence extended to trade, agriculture and competition regulation. A significant revision of the original Treaty of Rome was undertaken in 1986 with the adoption of the Single European Act, which stimulated two important processes: the development, along with economic integration, of political cooperation and common foreign policy, and the introduction of the qualified majority principle (rather than unanimity) in the adoption of EU acts. Gradually, the law of the European Communities has developed as an independent legal system.

The long process of improving the European Communities ended with the signing on February 7, 1992 of the Treaty on the European Union (Maastricht, the Netherlands). By October 1993, all member states had ratified it. On November 1, 1993, the Treaty entered into force, the European Union acquired legal status (the name "European Communities" is retained).

The EU has become the largest integration association, virtually unparalleled. It is an international organization, but what distinguishes the Union from existing organizations is that it has become not a coordinating, but a supranational organization: EU law has priority over national law, and its subjects are not only states, but also individuals and legal entities; the decisions of the Union have direct effect on the territory of the member states; his government is independent from the states, the employees of the EU and the members of the European Parliament do not represent the states, but the peoples; it is assumed that the Union can independently expand the powers of its bodies.

The member states sacrificed part of their sovereign rights to create supranational structures and powers, rose to a new level of cooperation: from coordination of actions to a common common policy. The key points of the new EU strategy are the construction of an economic and monetary union, a common foreign and defense policy, cooperation in the field of justice and home affairs, and the establishment of a single citizenship.

The creation of an economic and monetary union goes through three stages. At the first stage (even before the signing of the Maastricht Treaty), the liberalization of the movement of capital within the Union, the completion of the formation of a single market, and the development of measures to bring macroeconomic indicators closer together should be ensured. On the second (until the end of 1998) - the establishment of the European Monetary Institute, the development of a framework for the European System of Central Banks led by the European Central Bank (ECB), preparation for the introduction of a single currency - the euro, a common economic policy by defining "basic guidelines" and implementation multilateral control over their observance. The third stage should be completed by mid-2002 with the beginning of the ECB's functioning, the implementation of a single monetary policy, the introduction of the European currency into non-cash, and then into cash circulation.

The political union encompasses general foreign policy and security, justice and home affairs. Politics and security are aimed at ensuring the common European values ​​and fundamental interests of the EU through the coordination of positions and joint actions, including of a military nature. Justice and home affairs cover a wide range of issues from the right to movement, the introduction of uniform passports, to the cooperation of courts in criminal matters.

The agreement provides for the introduction of a single EU citizenship, which is also unknown, not a single international organization. This is accompanied by the consolidation of some political rights, in particular electoral ones. Every citizen residing in another member state of the Union has the right to elect and be elected in municipal elections and elections to the European Parliament.

The bodies of the EU are the European Council, the Council of Ministers, the Commission, the European Parliament, the Court.

European Council - the supreme body of the Union - is a periodic meeting of the heads of state and government, at which the general principles of the Union's policy are agreed. Council of Ministers- these are monthly meetings of ministers on relevant issues (separately - ministers of foreign affairs, economy and finance, agriculture). EU Commission - the main executive permanent body of the Union, coordinating and monitoring the implementation of EU policies, with the right to issue binding directives. The Chairman of the Commission and its members have a 4-year term of office. The apparatus includes 23 general directorates, which are, as it were, small ministries. European Parliament includes 518 deputies, directly elected by the entire adult population of the EU countries for 5 years. Previously, the parliament was an advisory body, now it is endowed with real legislative and control powers and is connected to participation in decision-making in such important areas as legislative, financial, foreign policy. Among the new functions are the appointment of an ombudsman, the acceptance of petitions, the creation of committees of inquiry.

EU court(13 judges and 6 advocates general) has the power of the supreme judicial power in the area of ​​EU jurisdiction. It is empowered to assess the legitimacy of the actions of the institutions of the Union and the governments of the member states in the interpretation and implementation of the treaty norms of the Union. The court resolves disputes (in specific cases) between the EU member states and between them and EU bodies. He is also competent in the field of legal assessment of acts of EU bodies.

The European Union is an independent subject of international law. It develops broad international relations with other organizations, with states, is a party to agreements, has more than 100 foreign representations, including in the Russian Federation. On June 24, 1994, a Partnership and Cooperation Agreement was signed on the island of Corfu, establishing a partnership between the Russian Federation, on the one hand, and the European Communities and their member states, on the other.

Council of Europe

The Council of Europe as a regional international organization has existed since 1949. It was established by ten Western European states, and now it covers almost the entire European space. There are 40 member states of the Council of Europe, including the Russian Federation since February 28, 1996.

The founding documents of this organization are the Statute of the Council of Europe dated May 5, 1949 and the General Agreement on the Privileges and Immunities of the Council of Europe dated September 2, 1949.

Russia's accession to the Council of Europe was preceded by certain measures, which included both the accession of the Russian Federation to a number of European conventions, which did not stipulate participation in them with membership in the Council of Europe, and a set of measures approved by the decree of the President of the Russian Federation of February 13, 1996. A few days earlier, 25 January 1996, the Parliamentary Assembly of the Council of Europe considered the application of Russia, submitted on May 7, 1992, recommended the Committee of Ministers to invite the Russian Federation to become a member of the Council of Europe, accompanying the invitation, formulated in the form of Conclusion No. 193 (1996), with wishes in the form of 25 points , which were designated as obligations assumed by Russia. The procedure for the accession of the Russian Federation to the Charter of the Council of Europe and to the General Agreement on Privileges and Immunities of the Council of Europe took only 4 days: the corresponding federal laws on accession were adopted by the State Duma on February 21, approved by the Federation Council on February 22, signed by the President of the Russian Federation on February 23, entered into force February 24, 1996

The official reception at the ceremony in Strasbourg on February 28, 1996 was accompanied by the signing on behalf of the Russian Federation of a number of European conventions.

According to the Charter, “the aim of the Council of Europe is to achieve greater unity among its members in the name of protecting and realizing the ideals and principles that are their common heritage and to promote their economic and social progress” (Art. 1). In accordance with Art. 3 each member of the Council must recognize the rule of law and ensure that all persons under its jurisdiction enjoy the rights and fundamental freedoms.

Cooperation to achieve this goal includes the conclusion and implementation of conventions, protocols and agreements, the number of which has reached 170. Traditionally, they are called European conventions, which are devoted to human rights, education, culture, health, social security, sports, development of civil, environmental, administrative law , criminal law and process. Among them, the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), together with eleven protocols supplementing or amending its individual provisions, the European Social Charter (1961, revised in 1996), the European Convention on Nationality (1998 g.), European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), Framework Convention for the Protection of National Minorities (1995), European Charter of Local Self-Government (1985), a number of acts of criminal law and of a procedural nature - on extradition (1957), on mutual assistance in criminal cases (1959), on the transfer of criminal proceedings (1972), on the transfer of convicted persons (1983), on compensation for victims of violent crimes (1983), on laundering, identification, seizure and confiscation of proceeds of crime (1990) *.

* For texts of a number of conventions and review materials, see: Law of the Council of Europe and Russia (collection of documents and materials). Krasnodar, 1986; Russian legal journal. 1997. No. 1, 3.

Bodies of the Council of Europe:

Committee of Ministers, composed of the foreign ministers of the member states or other members of governments. The Committee adopts opinions on the issues under consideration in the form of recommendations to governments. On certain issues, its decisions are binding.

Parliamentary Assembly *, including representatives of each member state, elected (appointed) from the composition of its parliament. Various representations are envisaged: from Germany, Great Britain, France, Italy, Russia - 18 each, from Spain, Turkey, Ukraine - 12 each, from Greece, Belgium and others - 7 each, from Austria, Bulgaria and others - 6 each, from the rest - 5, 4, 3, 2 representatives. The Assembly is an advisory body that makes recommendations to the Committee of Ministers.

* Originally called the Consultative Assembly.

Congress of Local and Regional Authorities of Europe, representing the relevant authorities of the member states and including delegations from territorial entities (according to quotas established for the Parliamentary Assembly). His work takes place in the Chamber of Local Authorities and the Chamber of Regions.

Secretariat, which is the administrative body of the Council of Europe and is headed by the Secretary General (elected by the Parliamentary Assembly for a 5-year term).

The Convention for the Protection of Human Rights and Fundamental Freedoms provided for the creation of two special bodies - the European Commission on Human Rights and the European Court of Human Rights. All Council of Europe member states were represented on both the Commission and the Court. Protocol No. 11 to the Convention has reorganized - replacing the Commission and the Court with a single permanent body - the European Court of Human Rights (see § 6 Ch. 10).

The headquarters of the Council of Europe is located in Strasbourg (France). The Permanent Mission of the Russian Federation is accredited at the headquarters. The official languages ​​are English and French. A translation of a convention or other document into a language not recognized as an official one is called a version (for example, a translation into Russian is a Russian version). However, in relation to a text that has passed the procedure of ratification in the supreme body of the state and is published in an official publication, the term "official translation" is used. Such an explanation is given when the Statute of the Council of Europe, the General Agreement on the Privileges and Immunities of the Convention for the Protection of Human Rights and Fundamental Freedoms and other acts are published in the Collection of Legislation of the Russian Federation.

The Interdepartmental Commission of the Russian Federation for Council of Europe Affairs was established as a coordinating body.