ПРАВОВІ ПРОБЛЕМИ ТА ПЕРСПЕКТИВИ РЕФОРМУВАННЯ ООН НА ПРИКЛАДІ ЄС

Abstract

The article is devoted to the legal problems and prospects of reforming the UN and the international legal system on the example of the EU. The author notes the systemic crisis of the international legal system, which has been clearly manifested through the prism of the tenth year of military aggression and the second year of Russia's full-scale invasion of Ukraine.

The article substantiates the urgency and necessity of reforming the UN and the international legal order, and the expediency of using the EU experience as an example of successful international integration. The author proposes amendments to the UN Charter regarding its principles, the International Court of Justice, the Security Council, and the establishment of the UN Parliamentary Assembly.

In particular, the author considers it expedient to enshrine in the UN Charter such general principles of law and EU law as freedom, democracy, equality, and the rule of law. In the author's opinion, better control over the observance of these principles by UN member states would be facilitated by the creation of a UN Parliamentary Assembly, like the Parliamentary Assembly of the Council of Europe, which could eventually be transformed into a full-fledged international parliament, just as the Parliamentary Assembly of the European Communities has become the European Parliament.

The article substantiates the expediency of reforming the International Court of Justice on the model of the EU Court of Justice, for which it is necessary to: clearly define in the Charter its mandatory (independent of the will of the parties to the dispute) competence to resolve international disputes (conflicts); provide for a mechanism for enforcement of court decisions without the participation of the UN Security Council and impose penalties on Member States for failure to comply with court decisions; in the future, it is advisable to create a specialized judicial chamber of the International Court of Justice to consider complaints about violations of the UN Charter and judgments of the International Court of Justice.

In the author's opinion, the UN Security Council reform proposed by France (supported by almost 70 countries) is urgently needed: The "veto" should not be used in decision-making in the UN Security Council when it comes to serious crimes such as genocide or aggression.

The author realizes that some of these proposals are too far ahead of the current level of development of international law, but he hopes for their gradual implementation.