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Introduction

Many centuries the Western Europe was an example of dissociation of the people and the states, arena of sharp rivalry and confrontations. In second half XX century position in this part of globe has considerably changed.

Comprehension of necessity for association of efforts, creation of a zone of stability and the world, overcoming of contradictions in relations between the separate states began to come. The establishment of the European communities, and then and the European Union is a reflexion of objective requirements for creation of closer union of the European countries, maintenance of their further economic and social progress by elimination of barriers dividing Europe, the introduction on an integration way.

Appointment and real role of the European communities, the European Union, as well as other integration formations, it is possible to open only well understanding their legal nature, structural construction, distribution of powers between their bodies, forms and activity methods. It is important not only from a position of the countries - participants, but also in interests of the countries which are not included into their structure and build the relations with it on the basis of bilateral agreements. Studying of the European Union becomes the important condition of development of the international cooperation, both on the European continent, and in scales of all world. With reference to Russia necessity of such studying is dictated by wide prospects of its cooperation with member states and the European Union as a whole.

Till the end of 80-s' years of the USSR and the European communities sojourned in relations of "useless" indifference. The beginning of official relations between Soviet Union and the European communities was necessary acceptance on June, 25th, 1988 to the Mutual declaration about an establishment of relations between Council of Economic Mutual aid and the European Economic Community (EUROPEAN ECONOMIC COMMUNITY) [1]. It was followed by an establishment dvu -

Foreign relations between Soviet Union and EUROPEAN ECONOMIC COMMUNITY in August 1988г. And the beginning of negotiations about creation of contractual base of such relations. In December, 1989 between the USSR and the EUROPEAN ECONOMIC COMMUNITY has been signed the Agreement on trade and economic cooperation. However to the full to realise Agreement 1989 positions Russia was not possible in view of disintegration of the USSR in 1991 was recognised EU in quality pravopreemnitsy the USSR that has been fixed in the Statement of the European community and member states from December, 23rd, 1991 As later has been noted in the Joint political declaration on partnership and cooperation between the Russian Federation and the European Union from December, 9th, 1993, relations between them will be under construction on a new basis.

Despite numerous obstacles and the deviations, the selected course in development of strategic partnership all last years remained invariable. Now this cooperation is under construction, first of all, on the basis of the Agreement on partnership and cooperation (further Union of Right Forces), established partnership between the Russian Federation, on the one hand, and the European communities and their member states - with another [2]. The introduction into the European Union ten new members has given on May, 1st, 2004 new quality to mutual relations.

Negotiations on all complex of the problems arising in connection with transition of ten new member states on norms and rules of EU have been carried on. The Joint statement on expansion of EU and relations źRussia - EU╗ in which mechanisms and settlement tools źRussian ozabochennostej╗ are registered became their result accepted on April, 27th, 2004 in Luxembourg. Acceptance of the Statement and signing of the Report on distribution of the Agreement on partnership and cooperation on ten new members have hardened a basis for the further cooperation. Nevertheless, many positions of Union of Right Forces have frame character and demand further developed and concrete definitions within the limits of special sogla - sheny on separate questions [3]. Now preparation of the project of the new universal agreement between Russia and the European Union is carried out.

Fifty years of existence of the European communities were reflected in evolution of scientific approaches to research of the European integration. At research performance works of the Russian experts in the field of the European right are carefully studied: Kapustina A.J. (the European union: integration and the right: the Monography. - M., 2000.), Kashkina S.J. (the Right of the European Union: the Textbook for high schools. - M., 2004.), Krylovoj I.S. (the European parliament (a legal status).-M., 1987.), Topornina B.N. (the European right: the Textbook. - M., 2001.), Entina L.M. (the European right. The textbook for high schools. - M., 2004.), etc.

Works of foreign experts in the field of the European right have been studied also: Butler F (The European Union. Structure and Process. 2nd Edition. New York, 1996.), de Burga K (EC Law: text, cases, and materials., New York, 1997.), Vejzeril C. (Law and Integration in the European Union, Oxford, 1995.), Daff E (Reforming the European Union. London, 1997.), Kellerman A. (Improving the Quality of Legislation in Europe. Hague, 1998.), Poppy Kormik J. (The European Union: politics and policies / Oxford 1996.) Herdegen M. (Europarecht., Munchen, 1997), etc.

On passing from June, 17 till June, 18th, 2004 in Bruxelles Intergovernmental conference of heads of the states and the governments the basic consent under the text of the Constitutional Contract of the European Union (further the Constitutional Contract) [4] has been reached. The constitutional Contract will replace existing articles of incorporation (the Contract on establishment of the European economic community of 1957; the Contract on establishment of the European community on an atomic energy 1957 g; the Contract about Evropej - skom the Union of 1992; Amsterdamky the contract 1997г.; the Nitstsky contract of 2001).

After the introduction of the Constitutional Contract into validity the international legal capacity all European Union as a whole will possess, and fastening to it of the status of the legal person will allow it to play more appreciable role in Europe and all over the world. The system will essentially change institutsionalnaja, the system of distribution of powers between bodies and member states European Union is reconstructed. Innovations will mention absolutely all aspects of decision-making process. Thus, the special importance is got by research of legal bases of decision-making process in system of institutes of the European Union. It the research urgency speaks.

The purpose of the present research consists in decision-making process studying in system of institutes of the European Union.

For achievement of an object in view within the limits of dissertational research following problems are solved:

- Bases normotvorcheskoj activity in the European Union are in a complex investigated;

- Norms by means of which regulation of legal relations between institutes-participants of legislative process of the European Union is carried out are analyzed;

- The role and place of institutes of the European Union in decision-making process is studied.

At carrying out of dissertational research private-law methods of knowledge were involved both general scientific, and. ch *.

Theoretical basis of the carried out research works of theorists of integration processes in Europe have constituted, works of modern Russian and foreign scientists.

Information basis of the carried out research have constituted: standard legal acts of the European communities and the European Union, certificates of their institutes; an expert and the usage, developed in activity of institutes-participants of legislative process; decrees of the European communities; statistical data.

Scientific novelty of research. The newest tendencies in area institutsionalnogo buildings of the European Union and their reflexion in positions of the Constitutional Contract are generalised. The special attention is given decision-making process in system of institutes of the European Union. On the basis of comparison of former and new distribution of legislative powers between institutes of the given organisation, the major lines characterising developing system of relations between them are proved. Despite lacking practice of application of the Constitutional Contract of the European Union, attempt to estimate their possible efficiency is undertaken.

The substantive provisions which are taken out on protection:

1) the Constitutional Contract as the document embodying results more than semicentenial functioning of the European Communities, and then and the European Union, has confirmed the steady tendency on formation of the new law and order, occurrence and development of the European right. By means of norms of this right of member state have voluntary limited the sovereign rights in several areas and have founded system nadnatsionalnyh bodies. Subjects of the European right are not only nadnatsionalnye bodies of the European Union, member state, but also physical and legal bodies. The constitutional Contract plans ways of the further development of the European integration on which member states go cautiously, especially concerning restriction of the sovereignty. Many questions of development of the European integration remain opened.

2) the Constitutional Contract confirms and develops the legal nature of the European right as the rights of special type. It is necessary to underline especially thus observable proof tendency of increase samostoja - telnosti and leaderships of the European right in relation to the national law of member states. The constitutional Contract brings a lot of the European Union new and essential in the original right and considerably expands base for acceptance of norms of the secondary right. In system of institutes the leading position of enforcement authorities - Council of the European Union and the European commission, including with reference to legislative process of the European Union remains.

3) the Constitutional Contract, leaving basically without changes historically developed base system of institutes of the European Union, at the same time has hardened it by specification normotvorcheskih powers between institutes-participants of legislative process and increase of a role of the European parliament as "legislature" body. It was promoted by fastening of procedure of joint decision-making as standard legislative procedure for acceptance of norms of the European right.

4) At all innovations raising a role of the European parliament in decision-making process of the European Union, it is necessary to consider, that the Constitutional Contract confirms the right of the exclusive legislative leadership of the European commission. As the institute of the European Union preparing projects of standard legal acts does not receive the powers from the European parliament and is not selected the population of member states, the mechanism of participation of citizens of the European Union in legislative process and has not been realised.

5) In spite of the fact that the Constitutional Contract keeps position at which in frameworks institutsionalnoj systems of the European Union on decision-making are allocated by the basic powers the bodies expressing national interests of the states, national parliamentary establishments urged to play the important role. Granting to national parliaments of member states of some powers within the limits of the European legislative process, naturally, strengthens their influence on all course of legislative process of the European Union.

6) the Constitutional Contract contains instructions for the central role which the European public in legislative process urged to play, but as a unique innovation the right of citizens of the European Union with the legislative leadership by means of petition began to act. The statement made in the Constitutional Contract is not accompanied by revision of the political rights given to citizens of the European Union.

The practical importance of the carried out research consists in possibility of use of its materials in the scientific, educational and practical purposes, especially at the analysis and working out of the problems, concerning cooperation and developments of relations of Russia with the European Union. The given materials in particular can be used in the course of teaching of scientific disciplines and specialisation źthe European right. International law╗, by working out of monographies, textbooks and other manuals higher education establishments. The conclusions made the author of dissertation, can be interesting to the further working out of the given problematics by lawyers, especially those who specialise on researches of the European right.

Approbation of results of research. Separate results of the carried out research have been reflected in the message made at the International conference źan international law Role in new conditions of maintenance of the world and safety of the people╗ (46th annual session of the Russian association of international law) which passed on June, 24-27th, 2003 in St.-Petersburg and has been organised by the Russian Association of international law and Faculty of law of the St.-Petersburg state university, and also in the report made on 7th nauchnoprakticheskoj of conference of young scientists, organised by Council of young scientists of Diplomatic academy of the Ministry for Foreign Affairs of the Russian Federation which passed on February, 28th, 2004 in to Moscow.

Work structure. With a view of the developed and consecutive statement of a studied problem, namely legal bases of decision-making process in system of institutes of the European Union and package approach formation to investigated questions, in the given work structural elements in the form of heads and paragraphs are allocated.

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A source: Zelenov Novel JUrevich. Legal bases of decision-making process in system of institutes of the European Union. The dissertation on competition of a scientific degree of the master of laws. Moscow. 2005

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  2. INTRODUCTION
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  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
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  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK