In scientific literature the issues of legality of Russian Federation succession in the UN, excluding of RF from the UN or suspension of its membership are considered separately or in context of the general question of the UN reformation. On the other hand, from the practical standpoint these issues are not divided and are raised as one request for the limitation or termination of RF activity within the UN. Besides almost always specialists mention that this issue is political one and, respectively, existence of political will shall be sufficient ground for the termination/ suspension of RF membership in the UN. However, participation of state in the UN or suspension of its membership is not completely a political question and seriously depends on legal instruments of this organisation.

The purpose of this article is consideration of legal aspects of the issue of RF termination/ suspension of membership in the UN and investigation of all variants of achieving this goal, considering statutory documents and practice of the organisation, and specification of the most successive approaches in limitation of RF participation within the UN.

Considering statutory documents of the UN and situation in question there are three possible ways of influence of RF participation in the UN: i) excluding of RF from the UN; ii) rising of issue of legality of RF succession of USSR membership in the UN; and iii) suspension of RF membership in the UN.

Termination or suspension of RF membership in the UN taking into account its veto right in the Security Council to date is impossible. However, these actions may be taken if scenario which was implemented to SAR in 1974 would be implemented – namely non-acceptance of RF delegation credentials and non-admission for it to participate in the activity of the General Assembly session. In this case it will be possible to raise within the Security Council of the issue of RF suspension or termination of membership with further transference of respective recommendation to the General Assembly. However, this route largely depends on political reasons for instance possibility of GA Credentials Committee to give respective recommendations on non-acceptance of RF delegation credentials.

The scenario which minimize political factor is request of the General Assembly to the International Court of Justice to give advisory opinion on legal grounds and conditions of state succession of membership in the UN. Depending on the ICJ answer it may be possible to raise within the legal dimension issue of RF illegal succession of USSR seat in the UN.

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