CC BY
42. Daskovsky V. B., Kisselev V. B. About the crisis of the process of reproduction of fixed assets and economic activities in the Russian economy // Investments in Russia. - 2009. - No. 1.
3. Lakhmetkin N. And. The investment strategy of the enterprise. - M.: KNORUS, 2006. - 184 p.
4. Popov M. N., O. N. Kolomyts. Investments: textbook. / M.N. Popov, O.N. Kolomyts. - Stavropol: SSAU "AGRUS", 2015. - 108 p.
5. Investment management: a tutorial (workshop) [Electronic resource]: teaching electronic publishing (manual) / V.V. Prokhorova, O.N. Kolomyts. - Electron. Dan. (7 MB). - Maikop: Elite, 2015. - doi: 10.18411/2015-12-007.
CURRENT AND HISTORICAL DELINEATION OF THE MARITIME TERRITORIES
IN THE WESTERN ARCTIC
Abstract
The article considers theoretical issues delimitation of marine areas in the Western Arctic.
Keywords
Arctic zone of Russia, Russian-Norwegian relations, international law, Concept of Sustainable Development of the Russian Federation
AUTHORS
Tatyana Kapelko
PhD in Jurisprudence, Associate Professor Department of Civil and Corporation Law Murmansk State Technical University Murmansk, Russia kapelko@yandex.ru
Andrey Tumanov
PhD in Philosophy, Associate Professor Department of Criminal Law and Criminology Murmansk State Technical University Murmansk, Russia sir.tumanov2015@yandex.ru
The modern territory of the Arctic zone of Russia according to various estimates ranging from 2.5 to 3.3 million sq. km. This habitat resides just under 2 million people (during the years of post-Soviet economic and political crisis, the local population has decreased by about 15%). Ever since the formation and development of the economy and state geopolitical and geostrategic interests of Russia has always been directed to the North, starting with trips to the ancient Pomors Grumant (Svalbard) and the beginning and continuation of the development of the Northern Sea Route and the continental Arctic shelf. The direction of the development of Russia, too, is directed to the North, which at 10 million people occupies 2/3 of the country and gives up to 60% of its foreign exchange earnings.
In accordance with Art. 1 of the Federal Law "On the State Border of the Russian Federation" is considered to be the state boundary line and the line passing through the vertical surface, which defines the limits of the national territory (land, water, subsoil and air space), spatial limit of the national sovereignty. The law "On State Border" confirms that the establishment of the state border and its mode is made on a contractual basis with the neighboring countries and taking into account the positions of the contracting parties mutually agreed, as well as federal laws. So, between the Russian Federation and Norway land border territorial issues are regulated by the signed
Agreement (the "Agreement between the Government of the Russian Federation and the Government of the Kingdom of Norway on cooperation on border issues").
The total length of 196 km border dictates certain rules of good neighborly behavior. The history of this issue goes away during the time of formation of the Norwegian state. The first Norwegian-Russian land border has been established as the boundary between Russian and Swedish possessions (while Norway was in union with Sweden) at the St. Petersburg Convention of 2 (14) May 1826 "On the delimitation in the" Lapland churchyards. '" At the end of World War II, Russia and Norway had no claims to each other on the set of the land border. However, as you know, the issue of maritime delimitation in the Barents Sea is still painful.
In addition to Russia and Norway in the Arctic includes three states: Denmark (via Greenland possessions), Canada, through the ownership of Alaska - United States. With it so or otherwise associated rationalization of all kinds of economic activities of the Arctic. Arctic areas important to indicate states and, first of all, Russia and Canada have the largest area of the Arctic territories, including outlets in the Arctic, Pacific and Atlantic Oceans.
According to the historically developed an international legal concept of Arctic coastal states have established boundaries of their possessions in the polar sectors, the apex of which is the North Pole, the reason - their Arctic coast, and lateral boundaries -the meridian passing through the outermost point of the northern coast of these countries. Such sectoral definition of the Arctic territory of the first openly was made in 1904 by Canada. In the USSR, the sectoral principle of establishing the maritime boundary in the Arctic was fixed Resolution of the CEC and SNK "On the declaration of the territory of the USSR lands and islands in the Arctic Ocean." The said legal act has been fixed the Soviet sector of the Arctic, located between the meridians 32°04'35 " and 168°49'30" w.d., respectively, and the western and eastern arctic sea border.
With the special natural conditions of Russian northern seas, namely the fact that they are covered with ice, fast ice forming, associated environmental and military security of the Arctic coast. Russian sector of the Arctic covers an area of about 9.46 million sq. km, of which 6.8 million sq. km falls on a body of water (the area of the entire water area of the Arctic is 16.59 million sq. km). Of particular note is that out of all the total area of the Russian Arctic sector is constantly under the Arctic ice area of 5.14 million sq. km (70% of the sector), are under the pack ice - 1.554 million sq. km (23% of the sector). Currently, the interest of foreign countries to the Arctic sector is constantly increasing. Taking into account the provisions of the Law of the Russian Federation "On the state border of the Russian Federation" and the accession of Russia to the UN Convention on the Law of the Sea in 1982, today the acute need for new legal justifications supplies its Arctic zone of the Russian Federation. The Russian Federation as a continuer of the USSR inherited personality all its territorial rights. Accordingly, it is entitled to determine their attitude to the Arctic sector and give it their own interpretation within the terms recognized by international law and international practice (Bayzhuminov, Tumanov, 2012).
Currently, the so-called Western Arctic marine space with the islands of Svalbard, Franz Josef Land and Novaya Zemlya is a key region of the Arctic. This is due to its strategic location between the states, unfortunately, it is inherently not only business partners, but also potential opponents militarily and economically. In addition, a fundamental study of natural and anthropogenic processes taking place in this area, is of great importance for the planning and execution of production activities, including weather forecasting in polar and middle latitudes, as well as for industrial and social planning, defining the various aspects of quality of life and sustainable development of the states.
Despite the fact that the Arctic has unique natural complexes, rich in various mineral and biological resources, now sparsely populated, which plays a significant role in global natural processes, biodiversity of the planet. This situation is due to the weak development of the territory due to the remote and rather discouraging for human habitation conditions (arctic climate, high geophysical activity, the presence of polar day and night, etc.). Another reason is that the original Arctic was inhabited by indigenous peoples of the North, to form and keep for a long time adapted to local conditions, culture with its inherent system of traditional environmental management, allows long carefully use biological resources without significant negative impact on the local ecosystem.
At the present stage of historical and economic development of the majority of the population living in the north connect the further socio-economic development of territories, infrastructure and quality of life with the expansion of the industrial exploitation of natural resources on land and offshore. This exploration and development is planned in the framework of "Concept of Sustainable Development of the Russian Federation" and the international obligations to promote and achieve sustainable development of countries and the protection of life and property of the population of the Earth, based on the current environmental legislation and constitutional rights of the local population to preserve the traditional way of life and natural resources. But unfortunately in the field of natural resources has not yet found its legal and practical solution of legal and social issues that exist between the states, industrial companies and the local indigenous population, as well as a number of other important issues.
Experience suggests the need for revision at the legislative level, including internationally, the legal regime of maritime areas and the delimitation of boundaries in the Arctic. This is based also on the fact that, taking into account the research and prospecting in recent years, the Arctic area become not only the status of the area of strategic military presence and a major transport route, but also the richest region in terms of proven and potential resources of non-renewable hydrocarbons.
Since the second half of the last century, the sea state is increasingly began to explore the natural resources of the oceans. The most interesting and direction of economic development in this regard is the development of stocks of the continental shelf. Actual problems of operation of its biological and mineral resources, as well as its delimitation could not be successfully resolved without the conduct of marine scientific research and the development of relevant international law and national legislation. In this context, with particular relevance it raises the question of normalization of relations between Arctic states, in particular Russia and Norway. In practical terms, this means setting at the diplomatic level disputes by establishing maritime border area and Svalbard. Of course, the early resolution of the existing differences between our countries will promote their sustainable development, investment attractiveness, increase living standards and national economies, raise their international credibility. It should be noted that despite the membership of Norway in NATO, Russian-Norwegian relations, even during the "Cold War" was an example of a fairly successful collaboration in the interests of the two countries and strengthening security and stability in the Arctic region and the world at large . Today, this cooperation (although not without problems) is actively developing in various fields. It further serves to ensure the development of the issue of the delimitation of maritime areas in the Western Arctic (Bayzhuminov, Tumanov, 2012).
Key provisions relating to the theory and practice of delimitation of sea areas under international law have been reflected primarily in the basic documents - the United Nations Geneva Convention of 1958, the UN Convention on the Law of the Sea in 1982 and the decisions of the International Court of Justice. Theoretical problems and concepts of international law pertaining to international maritime law, and relating to the delimitation of maritime areas in the domestic and foreign legal science developed a lot in this area. However, experience has shown that the practice of international maritime
law research questions the legal nature of the delimitation of maritime areas, especially resolve differences, complicating the process of legal regulation of issues still not allowed to finish (Kupriyanova, Tumanov, 2010).
Despite the fact that as a result of development of the theory and practice of resolving disputes between States on maritime delimitation and territorial issues have formed the international system and the mechanisms of the decision, the process of resolving such disputes is complex, because it affects the familiar already proven in the public domain. For this reason, it is difficult to solve the issue of the delimitation of maritime areas in the Western Arctic between Russia and Norway.
The concept of delimitation applied in international law a long time ago. However, usually in the works devoted to this subject, the authors are limited to a brief description of the process of delimitation and does not formulate a clear definition of it. Thus, in practice, the issues related to the delimitation of a fairly sharp and unresolved can endanger good neighborly relations between countries, and even lead to international conflicts. In this regard, the question of the principles governing maritime delimitation, was considered at the Geneva United Nations Conference on Law of the Sea in 1958 and became one of the most important at the III Conference of the United Nations Law of the Sea (1975).
It should also be noted that in matters of delimitation of maritime areas in the Western Arctic rather poorly developed is the use and analysis of the UN Convention in 1958 and 1982 in search of a just solution of the so-called "special circumstances" (Art. 74, 83). Based on international practice, the circumstances, and their composition it is one of the most important and difficult problems in disputes over territorial issues and the delimitation of maritime spaces. In this case, if the argument of Russia's position in relation to the delimitation of maritime areas in the Arctic, to the particular circumstances should include, such as: the history of the region Pomorie the geography of the area delimitation (sea area occupied by ice cover); Given the length of the coast of the parties; geomorphology and geology of the seabed shelf areas with potential deposits of oil and gas resources; the population on both sides; and, as well, "special circumstances" of the archipelago of Svalbard, the country's security (Bezrukov, Tumanov, 2012).
Considering these issues, one can not forget that the legal problem of the delimitation of the maritime boundary west Russia is closely linked with the international legal status of the archipelago of Svalbard under Norwegian sovereignty. This sovereignty was secured the Treaty of Paris in 1920 on conditions including as the main provisions of the equal right of all participants in the economic activities. In this regard, any regime established by Norway here without agreement with the countries which have signed the Treaty of Paris, is an international legal sense, are not legally legitimate, and contrary to the provisions of the Treaty itself (Boltushkin, Tumanov, 2012).
For example, for this kind of action can be attributed issued at the time the decision on the establishment of Norway unilaterally the 200-mile fishing zone (EEZ), allowing order of economic activity in the archipelago, the establishment under the guise of environmental protection "closed" areas and system construction paramilitary (so-called "double") purpose (radar), raiding warships Coast Guard to Spitsbergen, etc.
REFERENCES
1. Bayzhuminov, S. N., Tumanov, A. A. (2012) Delimitation of maritime areas in the Western Arctic / Collection of scientific works of the Faculty Law professors of MSTU, T. 2 - Murmansk : MSTU, 2012. - pp. 11-16.
2. Kupriyanova, E. A., Tumanov, A. A. (2010) Environmental Law: Textbook. - Murmansk : MSTU, 2010. - pp. 94-103.
3. Bezrukov, A. V, Tumanov, A. A. (2012) Modern geopolitics Norwegian Arctic-European region / Collection of scientific works of the Faculty Law professors of MSTU, T. 2 - Murmansk : MSTU, 2012. - pp. 22-28.
4. Boltushkin, V. E., Tumanov, A. A. (2012) Legal protection of the economic interests of Russia in the Arctic / Collection of scientific works of the Faculty Law professors of MSTU, T. 2 - Murmansk : MSTU, 2012. - pp. 16-21.
COUNTERACTION OF THE JAPANESE ARMED FORCES TO VESSELS OF THE FAR EAST SHIPPING DURING THE GREAT PATRIOTIC WAR
Abstract
The paper deals with counteraction of the Japanese armed forces to vessels of the Far East shipping during the Great Patriotic War. The author considers ways of defensive freights delivery in the conditions of Japanese blockade of certain passages in the Pacific Ocean. Problems of detention and attacks of the Soviet vessels by Japanese armed forces in the international straits and ports are studied.
Keywords
Japanese armed forces, Far East shipping, Great Patriotic War, straits of the Pacific Ocean, navigation of the Soviet vessels, transportation of defensive freights
AUTHOR Tatyana Krupa
PhD in Sociology, Associate Professor Far Eastern Federal University Vladivostok, Russia tatianakrupa@yandex. ru
The political situation in the Far East was adverse at the beginning of the war. Japan, which was a part of the Triple pact, had far-reaching plans to conquer the Soviet Far East. the government of Nazi Germany officially addressed to the Japanese government with the offer to begin war against the USSR in June 1941 (Safronov, 2007). The Japanese Minister of War Todzio approved the plan of war with the USSR, which had the code name "Kan Tuoku-Eng" ("Special maneuvers of Kwantung army") (Zimonin, 2005). The main plan of operation consisted in a sudden raid of military and air forces to destroy the Soviet aviation, sea and overland bases, with drawing the main blow near Primorye (Isaev, 2015). At the same time, Japan prepared for war with the USA and Great Britain. Without risking to wage two-front war, the imperial rate of Japan decided to refrain from attack on the Soviet Union temporarily. Officially, without declaring war with the USSR, the Japanese authorities assisted Germany in the war against the Soviet Union (Levitsky, Silinsky, 2015).
In premilitary years, almost all vessels of the Far East shipping worked in areas of the Pacific coast well familiar to seamen. From the beginning of the war, kind of work and navigation areas changed. Seamen of Far East shipping had to come into the ports of the Southeast Asia and into the Persian Gulf, to go to coast of the USA, Canada, Australia, New Zealand.
