LawState and Law

Ratification is the final approval of a treaty and confirmation of its compliance with national legislation and international regulations

Ratification is a concept that refers to constitutional and international law. It is disclosed as a form of adoption of important legal provisions, agreement with them and the intention to implement the declared principles.

In interstate relations, this procedure is not always mandatory. Contracts concluded during the war or having an administrative nature are not subject to mandatory ratification. In the past (tentatively, until the XVIII century), this form was optional for all contracts - it was sufficient to recognize the signing of an international document. Now, ratification is a mandatory procedure (with the exception of the above-mentioned cases), which means bringing the contract into execution.

The final adoption of the agreement obliges the state to bring its domestic legislation into line with the provisions of the document. Thus, some inconsistency arises: on the one hand, the Constitution has the highest legal force, on the other - it should not contradict the adopted treaty. Consequently, inconsistencies from the "fundamental law" must be eliminated. Hence, all other norms are subject to adjustment. In fact, the norms of international law are more important than constitutional provisions.

Thus, for states in which senior officials behave in accordance with the provisions of the law, ratification is a procedure that fully corresponds to the letter of this law itself. But in the conditions of systematic infringement of the rights of citizens by officials, in the absence of an effective mechanism of the people's will (as a result of the confidence of a significant part of the public in the falsification of elections), the form of the state's consent to the provisions of the international document becomes a terrible weapon against democracy in the hands of the autocrat. In this context, ratification is an opportunity to circumvent the "will of the people" and change the document of higher legal force adopted in the referendum.

In the light of recent events, the following fact is really interesting. The amendment of the Constitution, when ratification of international treaties is a priority, is an insurmountable difficulty. But when it comes to correcting the "basic law" in order to improve the situation of certain officials and authorities, the procedure is implemented quickly and without a hitch.

Of course, representative bodies (at least 2/3 of the constituent entities) should positively vote for amendments, for example, to the Constitution of the Russian Federation (chapters 3-8). However, as practice shows, in the conditions of bureaucracy and corruption and with the desire of representatives of the central government, this procedure can be carried out in record time, in spite of the fact that it is formally provided for this much more time.

Thus, ratification of the treaty can be both an effective tool for improving national legislation, as well as dangerous weapons that can bypass the will of the people, destroy democracy, lead to irreversible consequences for the rule of law in the country.

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