ESTOPPEL A MEANS OF COUNTERING VIOLATIONS OF INTERNATIONAL TREATIES BY THE RUSSIAN FEDERATION

Abstract

This article analyzes the legal nature of estoppel in public international law and outlines the specific 
features of its application. In legal doctrine, estoppel is understood as a rule, a principle, a tool, a doctrine, 
or a protective mechanism.
It is noted that a situation of estoppel arises from inconsistent conduct in public legal relations involving 
a public authority. In public international law, estoppel is applied to prevent a state from acting in bad faith 
where its inconsistent conduct causes harm to another subject of international law or allows the violating state 
to obtain an unlawful advantage or benefit. This legal principle implies that a state loses the right to rely on 
certain facts or circumstances to justify its international wrongful acts.
The paper also highlights the specific features of applying estoppel as an effective measure against 
the actions of the Russian Federation. In particular, estoppel can block attempts by the Russian Federation to 
deny responsibility for human rights violations and the occupation of Ukrainian territories, and it helps to reaffirm 
the legal status of the occupied territories as part of Ukraine. Estoppel serves as an effective mechanism 
for holding states accountable for violations of established rules and norms of the international legal order. 
This principle strengthens peremptory norms of international law (jus cogens) and erga omnes obligations, 
preventing the Russian Federation from evading responsibility for breaches of hundreds of international 
treaties.
The mandatory legal elements required for applying the principle of estoppel to the legal positions 
of the Russian Federation set out in international treaties with Ukraine are identified as follows: (1) representation; 
(2) reliance; and (3) detriment or advantage.