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The work is devoted to the analysis of the conceptual zero project of the pandemic agreement presented at the second meeting of the Intergovernmental negotiating function of the World Health Organization in December 2021. The purpose of the study is to determine the ratio of national and supranational elements in the regulation of global impact and global decision-making within the framework of the world health architecture being created. The methodological basis of the study is such principles of scientific cognition as objectivity, comprehensiveness, consistency, complexity. The work uses such methods as formal-legal (contributed to a comprehensive analysis of the conceptual zero project, the structure and content of the proposed mechanism of legal impact), structural analysis and synthesis (used to detect contradictions and cause-effect relationships), comparative-legal (contributed to the identification of negative trends of the World Health Organization pandemic agreement project being developed in relation to sovereignty and security of the Russian Federation), scientific and prognostic (provided an opportunity to assess the admissibility of the implementation of the project norms in Russian legislation). Conclusions are drawn that the draft of the World Health Organization “pandemic agreement” under consideration contradicts the sovereignty and security of the Russian Federation. The fundamental principles and conditions limit the sovereign right of the participating states to protect national security and the rights of citizens. The draft of the conceptual zero project of the World Health Organization pandemic agreement allows for its adoption without the express consent of the member states, including the Russian Federation, provided for by the constitutional procedure, on the basis of notification in a simple notification procedure.
Author for correspondence.
Email: elena_safronova_2010@mail.ru
ORCID iD: 0000-0002-0335-9890
Dr. Sci. (Law), Professor, Head of the Center for Cross-Border Legal Studies, Professor of Constitutional and International Law Department
Russian Federation, 85 Pobedy St., Belgorod, 308015, Russian Federation
Email: petrishceva_nc@mail.ru
ORCID iD: 0000-0002-5336-9253
Cand. Sci. (History), Associate Professor, Head of Theory and History of State and Law Department
Russian Federation, 94 50 let Oktyabrya St., Kursk, 305040, Russian Federation
