CONDITIONS OF APPLICABILITY OF NORMS OF INTERNATIONAL TREATIES IN THE SYSTEM OF CONSTITUTIONAL LAW: COMPARATIVE LEGAL ANALYSIS

Abstract

The object of the research is the legal mechanisms of the relationship between international law norms and domestic legislation within the legal order of the Republic of Armenia. The objective of the work is to identify the constitutional prerequisites for the direct applicability of international treaties and the peculiarities of ensuring their primacy, drawing parallels with the legal systems of foreign states (Russia, USA, France, Germany, Great Britain).

The main tenets of the research confirm that the Republic of Armenia has adopted a "monistic model of an open legal order," where a ratified treaty takes precedence over the law but remains subordinate to the Constitution. The author argues that the effective application of a treaty in judicial practice is possible only with the simultaneous presence of three fundamental conditions: ratification, entry into force, and official publication. Particular attention is paid to the concept of "self-executing" norms, which allow for the implementation of international obligations (especially in the areas of tax exemptions and judicial jurisdiction) without the adoption of additional domestic acts.

The conclusions state that the preventive model of constitutional review in the Republic of Armenia and the presence of "legal bridges" guarantee the harmonious integration of international standards into the national justice system, thereby enhancing the state's international standing and the level of legal certainty.