Issue 2 (16) 2012

Ibragimov The concept of "guarantees" in Law: the Common and Specific in Scientific Interpretation

The concept of "guarantees" in Law: the Common and Specific in Scientific Interpretation

A.M. Ibragimov

PhD, assistant professor of Chair of international law, Dagestan State University
8, Korkmasova str., Makhachkala, 367000
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Guarantees in right are rather a broad concept, they are widespread in many areas of the activity of the individual, and it affects the diversity of the existence of this legal means. Guarantees are introduced in national law (constitutional law, labour law and other sectors) and as well as in international law. International guarantees, while being, in particular, guarantees of a general character, are ensured by the participants of the international treaty independently, that is, without the participation of a third country (the guarantor), for which they implement various interstate organization-legal measures. So the common international guarantees are inherently normative as they lay down rights, freedoms and obligations of the parties of a treaty. In order to achieve their implementation, the subjects of the treaty carry out these organizational measures (guarantees). Together, both regulatory and organizational guarantees form indissoluble unity. From this it follows that the general international legal guarantees embody the unity of the legal and organizational measures, they are both provided by themselves (if their self-executing treaty is an act) and by means of branches of inter-state law. The situation with the special international legal guarantees is the other. These special international guarantees (London-Zurich agreements on guarantees for Cyprus, 1960, the guarantees of the USA to ensure the security of Lebanon, 1982, the Soviet-American Declaration on the guarantees of the independence and security of Afghanistan, 1988, which was embodied in the Treaty of guarantees of the security of South Ossetia in 2008, a plan "Medvedev-Sarkozy") in their movement towards the ultimate goal are practically less dependent on the assistance provided by the national law of the parties of a treaty about their granting and are ensured in an independent mode. Special international legal guarantees are self-sufficient. They are elaborated in detail, so their establishments are consistent and comprehensive, and are based on the high authority of the guarantor and, as we noticed, are applied, with a few exceptions, without reference to the national organizational-legal means.

 Keywords: concept; guarantees; right; general; special

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