Legal Problems of Russia's Exit from the World Health Organization

Abstract

In the Russian political discourse, the issue of Russia's withdrawal from the World Health Organization (hereinafter referred to as WHO) is increasingly being discussed, complicated by the presence of a legal problem – the absence of provisions on voluntary withdrawal in the Charter of the organization. The article is devoted to the analysis of the compliance of the activities of the WHO with the declared goal, the issue of the legal significance of the organization's regulations, as well as the prospects for exit from it. Based on the analysis of the constituent agreement of this international organization, normative documents adopted under its auspices, as well as the international legal doctrine, the types of regulatory powers of WHO, their nature and legal significance are determined; ways of implementing the norms of "soft law" in the legislation of the Russian Federation are determined; an assessment is given of the initiatives of the organization, the implementation of which contradicts the traditional spiritual and moral values of Russia and threatens its state sovereignty. As a result of the study, it was found that the normative powers of WHO, including the right to make recommendations on international health issues, adopt conventions and, in strictly defined cases, establish regulations, are associated with the direct will of states at the stage of adoption. The prohibition of leaving the organization is contrary to the principle of state sovereignty and can be carried out on the basis of paragraph 1 (b) and paragraph 2 of Art. 56 of the Vienna Convention on the Law of Treaties and based on the experience of the USSR. However, to implement the idea, a clearly expressed political will is required, which can manifest itself both in breaking off relations and in refusing unacceptable membership while maintaining membership, based on the provisions of the Charter that provide such an opportunity.