2.2. The problem of determining the competence of subjects of international law

The concept of legal personality is fundamental both in international and domestic law. Law of international legal personality of the unites and institutions such as the recognition and succession. However, it is obvious that must be unambiguous grounds for recognition for the subject of this or that personality. However, the existing definitions of the subjects of national or international law does not give clear guidance in this area. However, it is recognized that international law is mainly regulate interstate relations, i.e. relations between States, because States have a number of very important features that are not available from other subjects of international law. According to S.M. Kudryashova criterion for evaluation of international legal personality is the consideration of whether the subject of international rights and duties and its ability to put them into practice and carry them international legal responsibility. Unfortunately, in the Russian literature on international law does not make distinctions international relations and international relations. However, the difference between them is obvious, as the legal relations require mandatory legal side. Under international relationship understand the relationship of the state with the state, the state with the international intergovernmental organization and two international intergovernmental organizatsii It should be recognized that this definition only States have already recognized the subjects of law, but does not include approaches to understanding the essence of international legal relations. According to Russian lawyers to become the subject of legal relations, it is necessary to have certain conditions and prices, and you cannot be a subject of the relationship, not being subject Prava With this concept we can agree only with reference to national law. The system of international law has its differences and peculiarities, and no automatic application of the categories of the General theory of law. The criterion of international legal relations should be considered the establishment of the international rights and obligations, and not the identity of the participants to the subjects of international law, believes Smotrakov Under the international legal capacity can understand the possession of a subject of international rights and duties, and under the international legal capacity - the ability to implement them in practice and to be responsible for committing illegal actions. Unfortunately, the category of international legal capacity has not received proper analysis in Russian legal literature. As suggested Smotrakov, "international legal capacity associated with the Institute of international recognition and requires detailed research... if the subject is not recognized international legal personality, he is not capable".32 In the science of international law, a number of authors drew attention to the fact that in the area of international legal personality has changed significantly and, in particular, observed in international law of a person as a subject of law, albeit with very limited pravozashchitnogo In favor of this statement is the fact of formation of the whole industry of international law on the rights man; man already has certain legal rights and can compete on the international arena in the protection of their freedoms. So, in Art. 46 of the Russian Constitution States that everyone is entitled in accordance with international treaties of the Russian Federation to appeal to interstate bodies for the protection of rights and freedoms, if you have exhausted all available domestic remedies. The idea about the assignment of rights to the subjects of international law is not new, and in the monograph Century. E. Grabar "materials on the history of international law in Russia", notes that many Russian authors did not follow the classic view of a subject of international law, recognizing are not only state but also private Liz Prominent Russian lawyer F. F. Martens, recognizing the state is the sole subject of international law, pointed out that the human person has a right in international relations and is protected by international law. In a set of basic human rights Martens included and the right messages and free movement within the international Union of States".35 It seems that in the issue of international legal personality of individuals requires a new concept that can be called "mixed".