scholarly journals CITIZENSHIP AND SOVEREIGNTY AS DEMOCRATIC VALUES OF A STATE IN GLOBAL WORLD

2018 ◽  
Vol 9 (40) ◽  
pp. 7-17
Author(s):  
Vitaliy Kovalchuk ◽  
Iryna Sofinska ◽  
Yaryna Bohiv
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Point Of View ◽  
Modern World ◽  
Demographic Development ◽  
Sovereign State ◽  
Self Identity ◽  
State Punishment ◽  
Fundamental Tension ◽  
Global World

This article mainly focuses on determination of sovereignty as the answer to challenges, caused by globalization, migration, and integration. In the modern view, sovereignty is a fundamental state feature, while citizenship is a real and effective political and legal link between person and state. Citizenship is a primary legal aspect of self-identity from the theoretical, legal and philosophical point of view. It should be mentioned that nowadays, there are a lot of discussions on this issue in order to determine possible strong ideological baggage, the set of rights and duties and full membership in a state (features of citizenship) from daily and personal complexity of social interaction (features of self-identity). Undoubtedly, the correct, up-to-date application of person’s legal status and identity issues is a fundamental tension in frames of such triangle: person – society – sovereign state. The article explains that such importance depends not only upon the level of legal self-consciousness of a person, geopolitical, social and economic, demographic development of society and state’s place on the international arena, but also on active state (governmental) policy in the field of citizenship. Authors pay particular attention to the grounds for terminating the citizenship of a person, as a result of which a person may become "apatride" (a stateless person). In addition, this study is aimed to generalize the common and distinctive features of the main grounds for termination of citizenship of a person, which depends on the will of last one or is foreseen as the state "punishment" for his/her activity. According to the results of this research, the value of citizenship in the modern world is inevitably to become lower. Therefore, in the ideal scenario, it is necessary to upgrade the citizenship concept, to proceed with real, proper and useful, but not cosmetic changes. In addition, there is a need to allow drifting on the citizenship front to secure values and shared symbols of citizenship in the sovereign state.

scholarly journals The Main Scenarios for the Formation of Territorial Autonomies in the Modern World (Constitutional and Legal Aspect)

Lex Russica ◽  
2019 ◽  
pp. 132-150
Author(s):  
I. V. Irkhin
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
The Philippines ◽  
Small Population ◽  
The State ◽  
Modern World ◽  
Policy Model ◽  
Legal Structure ◽  
The Uk ◽  
National Governments

As part of the analysis of the practices of institutionalization of constitutional and legal status of territorial autonomies of Bolivia, Great Britain, Denmark, India, Indonesia, Canada, China, Moldova, Uzbekistan, Finland on the basis of the criteria and methods of their formation, it is indicated that there are two main scenarios. According to the first one, territorial autonomies are formed on the basis of international and national legal acts. The second scenario assumes the formation of autonomies based on national legal acts only.In the structure of the first scenario, territorial autonomies formed as a result of negotiations between the parties to the conflict (confrontation model) and in the Directive order (Directive model) are separated. In the structure of the second scenario, territorial autonomies established following the negotiations on the basis a peaceful compromise or as a result of confrontation (consensus and confrontation models), as well as autonomies formed unilaterally (policy model) are highlighted.The conceptual requirements for the successful institutionalization of territorial autonomy are as follows: the presence of rooted in society and the state traditions of democracy and the rule of law; the establishment of a real regime of internal self-government; limited material and financial resources and the resulting dependence on the state; the absence of disputes about sovereignty; clarity of the formal legal structure of the constitutional legal status; small population and the territory of autonomy. In this case, the structure and content of these requirements are very mobile, and therefore can be combined in different proportions with different specific gravity.Typical examples of the most stable territorial autonomies (in terms of territorial integrity and unity of the state), in which these conditions are present in different volumes, are the autonomies of Bolivia, the Aland Islands, the Faroe Islands, Hong Kong and Macao. This category can also include Karakalpakstan and Nunavut because of their total dependence on the support of national governments.In turn, the potential for the development of separatist tendencies remains in the UK (Scotland, Northern Ireland), India, Indonesia, China (Tibet), Moldova, and the Philippines.

scholarly journals TRANSNATIONAL CORPORATIONS IN THE LIBERAL POWER-SHARING SYSTEM: INTERNATIONAL LEGAL ASPECT

2021 ◽  
Vol 21 (5) ◽  
pp. 21-30
Author(s):  
A.G. Uporov ◽  
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
World Order ◽  
Transnational Corporations ◽  
Legal Regulation ◽  
Power Sharing ◽  
Modern World ◽  
Current State ◽  
The Status ◽  
Distribution Of Power

The phenomenon of transnational corporations in the context of the modern liberal system of distribution of power and the current state of its international legal regulation are considered. The position of transnational corporations in the modern world order and the concept of its legal status are investigated, and conclusions are drawn about the need to assign transnational corporations the status of a subject of international legal relations.

scholarly journals Human rights politic in postmodern world

2020 ◽  
Vol 6 (4) ◽  
pp. 66-74
Author(s):  
Ilja Chestnov
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Point Of View ◽  
Modern World ◽  
Law And Order ◽  
Theoretical Understanding ◽  
Specific Content ◽  
Legal Policy ◽  
Theory Of Law ◽  
The One

Human Rights are a complex meta-legal phenomenon that serves to justify and legitimize the existing law and order. Human Rights are not rules of law or legal relations. They are similar with law principles. The subject of the article is a theoretical understanding of human rights in the post-modern world. The aim of the study is to conceptualize human rights in the context of post-modernity. The research methodology is determined by the post-classical research program developed by the author over the past twenty years. In relation to the topic of the article, it involves the study of the construction of human rights and their practical reproduction. Human rights from the point of view of the sociology of law is the actual legal status of a person in the relevant legal system. Human rights define and limit legal policy. At the same time, the content of human rights is determined by the legal policy. Human rights can only be justified from the standpoint of the prevailing values. However, in the modern world, values are contextual and relatable. Therefore, only pragmatism as an abstract value can be the basis of human rights in the post-modern world. The main problem of modern philosophy and theory of law is the impossibility of meaningfully and universally define the measure of human rights. Only an abstract Declaration of human rights can be universal and meaningful. Their specific content is always contextual. It is determined by the policy in the field of human rights. Human rights policy is, on the one hand, the construction of social ideas about the content of human rights. Further, it is the concretization of these representations in the appropriate forms of law. On the other hand, human rights policy is a reproduction of these ideas in discursive practices. In these types of practices, human rights are implemented in a de facto legal order.

The Interrelation of National and State Interests under the Modern World Order Conditions

2017 ◽  
pp. 254-259
Author(s):  
Liudmila Novoskoltseva
Keyword(s):  
World Order ◽  
Modern World ◽  
National Interests ◽  
Human Environment ◽  
Sovereign State ◽  
Political Forces ◽  
Significant Process ◽  
High Dynamics ◽  
Economy Globalization ◽  
Global World

The rapid changeability of the human environment, the high dynamics of social processes give rise to new and, sometimes, rather contradictory phenomena in the existence of modern states, transforming their nature and influencing the content of national and state interests. State economic policy is organically integrated into the globalization processes; it allows the state to be not only a subject, but also a factor of the globalization. The process of economy globalization, as well as any other socially significant process, realized within the struggle of various economic and political forces for their own interests, which are often divergent. Keywords: Globalization, globalization processes, global governance, global world economy, national interests, state interests, sovereign state, civil society

The demographic development of the Finno-Ugric peoples in the modern world

2020 ◽  
Vol 16 (4) ◽  
pp. 759-779
Author(s):  
E.V. Molchanova
Keyword(s):  
Healthcare Research ◽  
Current Situation ◽  
World Health ◽  
Modern World ◽  
Demographic Development ◽  
Russian State ◽  
Regional Medical ◽  
Demographic Processes ◽  
Special Information ◽  
Health Organization

Subject. This study focuses on the Finno-Ugric peoples carrying unique cultural customs and traditions. Objectives. I evaluate how various factors influence the demographic development of the Finno-Ugric peoples. Methods. Analyzing the current situation, I refer to official statistics and the Health for All database of the World Health Organization, statistical yearbooks of the Russian State Statistics Service. All data were organized as a special information system including several related blocks, such as economic development of locations, demographic situation, health and healthcare. Research was based on the comparative analysis of key medical-demographic and socio-economic indicators, and economic-mathematical apparatus. Results. I comprehensively evaluated the current situation macro- and mesoeconomically by gradually shifting from the comparison of countries to regional trends. I traced patterns of medical and demographic processes in the Finno-Ugric countries, such as Hungary, Finland and Estonia, and national autonomies across Russia. Conclusions and Relevance. I discovered that there is a certain relationship between a man and environment that translate into physical and physical health of people. They should be taken into consideration when outlining demographic development programs. The findings can be used to prepare regional medical and demographic documents, including the prevention of suicidal behavior and alcoholism and general medical services.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

OWNERSHIP IN THE REPUBLIC OF MACEDONIA AND THE STATE AS THE HOLDER OF THE PROPERTY RIGHT UNDER THE CONSTITUTION IN 1991

2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja
Keyword(s):  
Legal Aspect ◽  
State Ownership ◽  
The State ◽  
Point Of View ◽  
State Function ◽  
Dominant Form ◽  
Republic Of Macedonia ◽  
General Terms ◽  
Starting Point ◽  
The Republic

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.

To the Question of the Classification Patterns of Social Stratification in the Countries of the World (Brief Overview of Some Concepts and Author’s Comment)

2020 ◽  
pp. 65-75
Author(s):  
S. N. Smirnov
Keyword(s):  
Social Sciences ◽  
Social Stratification ◽  
Legal Status ◽  
Scientific Literature ◽  
Point Of View ◽  
The World

The author considers the problems of typification of society. Some concepts of typification of social stratification models in different countries formulated and justified in historical and legal, historical, sociological, and economic scientific literature are reviewed. The circumstances that make it difficult to formulate universal concepts designed for application in the complex of social Sciences are identified. These circumstances include insufficient consideration of legal factors, including the position of the legislator, the specifics of the corporate legal status, and the characteristics of the mechanism for changing individual legal status. The author offers a variant of classification of society types from the point of view of legal registration of their structure. The possibility of distinguishing types such as consolidated companies and segmented companies is justified.

THE ISSUE OF MINORS’S GUARDIANSHIP SENTENCED TO IMPRISONMENT

2020 ◽  
pp. 33-37
Author(s):  
Ирина Викторовна Евстафьева
Keyword(s):  
Juvenile Offenders ◽  
Legal Status ◽  
Careful Consideration ◽  
Point Of View ◽  
Sufficient Detail ◽  
Domestic Legislation ◽  
The Status ◽  
Correct Understanding ◽  
The Given

В статье исследуются вопросы попечительства в отношении несовершеннолетних, отбывающих наказание в виде лишения свободы. Проблема, поднимаемая автором настоящей статьи, многогранна, касается различных аспектов отбывания наказания несовершеннолетними в воспитательных колониях и требует комплексного исследования, способного ответить на определенно значимый вопрос: является ли колония законным представителем находящихся в ней несовершеннолетних со всеми вытекающими из статуса законных представителей последствиями. При этом необходимо обращать внимание на специфику правового статуса лиц, отбывающих наказание в воспитательных колониях, которые, во-первых, являются несовершеннолетними, то есть не обладают дееспособностью в полном объеме и нуждаются в особой заботе, защите и представительстве, а во-вторых, осуждены за совершение тяжкого или особо тяжкого преступления, влекущего изоляцию от общества и определенные ограничения и лишения. Отечественное законодательство достаточно детально регламентирует особенности режима отбывания наказания в виде лишения свободы несовершеннолетними, не определяя при этом статуса воспитательных колоний, кем они являются: воспитателями, попечителями или исключительно учреждениями исполнения наказаний. Между тем правильное понимание значения и роли воспитательной колонии в жизни находящихся в ней несовершеннолетних преступников, по мнению автора, поможет избежать ряда проблем, объективно складывающихся в учреждениях подобного рода. С этой точки зрения предлагаемая тема представляет интерес не только для ученых-теоретиков, но и для практиков - сотрудников соответствующих учреждений. Особо следует подчеркнуть, что исследований по данной тематике в специальной литературе нет. Отдельные исследования, встречающиеся в современной литературе, касаются исключительно общего гражданско-правового статуса несовершеннолетних осужденных. Однако это обстоятельство может свидетельствовать только о новизне данной темы, но никак не об отсутствии самой проблемы. The article analyzes the issues of the status of educational colonies as guardians of minors serving a sentence of imprisonment. In fact, the problem raised by the author of this article is multifaceted, concerns various aspects of the serving of punishment by minors in educational colonies and requires a comprehensive study that can answer, it seems, a definitely significant question: whether the colony is the legal representative of the minors in it with all the consequences arising from the status of legal representatives in the form of duties and responsibilities. At the same time, it seems, it is necessary to pay attention to the specifics of the legal status of citizens serving sentences in educational colonies, who, firstly, are minors, i.e. do not have full legal capacity and need special care, protection and representation, and, secondly, are convicted of committing a serious or particularly serious crime, entailing isolation from society and certain restrictions and deprivation. Domestic legislation regulates in sufficient detail the peculiarities of the regime of serving sentences in the form of deprivation of liberty by minors, without determining the status of educational colonies. Who are they: educators, Trustees or only institutions of execution of punishments. Meanwhile, the correct understanding of the importance and role of the educational colony in the life of juvenile offenders in it, according to the author, will help to avoid a number of problems that objectively develop in institutions of this kind. From this point of view, the proposed topic is of interest not only for theoretical scientists, but for practitioners-employees of relevant institutions. It should be emphasized that there are no studies on this subject in the special literature. However, this circumstance can testify only about novelty of the given subject, but in any way about absence of the problem. It seems that the relevance and importance of a problem is not always measured by the number of studies devoted to it. Sometimes these its traits are manifest only under particularly careful consideration.

Theory of states multilateral interaction on the example of BRICS activities

2021 ◽  
pp. 590-601
Author(s):  
Babek R. Asadov ◽  
Vladimir A. Gavrilenko ◽  
Stanislav B. Nemchenko
Keyword(s):  
Legal Status ◽  
World Order ◽  
World Politics ◽  
Modern World ◽  
Joint Policy ◽  
Common Interests ◽  
Legal Space ◽  
Object Of Study ◽  
World Development ◽  
Rela Tions

The object of study is the BRICS activities as a special format of multilateral interaction between states. We consider the theory of above-mentioned interaction and cooperation of countries, which are expressed in the implementation of a joint policy on a number of issues. The evolution of BRICS and its unification in the international legal space contributes to ob-servance of common interests and views of BRICS participants on the prob-lems of modern international relations, reflects the objective trends of world development and the formation of a multipolar system of international rela-tions, ensures the interests of individual major state actors in broad interna-tional integration. The relevance of the issues under study lies in the fact that individual features of the international legal status of BRICS are investigated, which make it possible to effectively influence the challenges of modern world. The legal status of BRICS is fundamentally different from traditional legal approaches to international organizations and acting as a special subject of world politics, creating the most trusting conditions for interaction, BRICS focuses on other principles of world order within the framework of a new model of global relations.

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