POST-SOVIET DRAMA OF INTERNATIONAL RELATIONS (IN CONNECTION WITH THE 99TH ANNIVERSARY OF THE FORMATION OF THE USSR AND THE 30TH ANNIVERSARY OF ITS ABOLISHMENT)

2021 ◽  
pp. 62-75
Author(s):  
Aleksandr В. Lyubinin

The article was prepared in connection with the 99th anniversary of the formation of the USSR and the 30th anniversary of the termination of its existence. The article reveals the relationship between the norms of the Constitution of the USSR of 1924 (and subsequent versions of the document) on the self-determination of nations and their right to secede from the Union with the real process of destruction of a single state. It is shown that the disintegration of the Union was carried out not in connection with the constitutional right of the union republics to self-determination, not with the observance of the appropriate procedures for leaving the single state, but, on the contrary, on an anti-constitutional basis. The author reveals the artificial and politically motivated nature of the arguments regarding the «mines» laid down in their time by the Bolsheviks under the national state structure of the USSR. This device turned out to be productive both for repelling military aggression and for peaceful construction, because it was formed taking into account the totality of the binding circumstances of its time, on the principles of equality and voluntary self-determination. It has been proven that the absence of the right to secede from parts of a single state does not provide any guarantees against the collapse of this state, an example of which is the European monarchies that ended their journey at the beginning of the 20th century, as well as the events in the USSR and around the Chechen Republic. The fundamental difference between constitutional multinational formations, one of which was the Soviet Union, and formations built on a contractual basis following the example of the Gorbachev SSG, the Belovezhskaya agreement on the creation of the CIS and the Union State of Russia and Belarus, is revealed.

Author(s):  
Johannes Socher

Chapter 2 is the first of three chapters analysing Russia’s post-Soviet state practice with regard to the right to self-determination in the territory of the former Soviet Union. It shows that for situations inside the Russian Federation, the Russian constitutional order acknowledges the right of peoples to self-determination, albeit strictly within its territorial boundaries and with a sometimes unusual or even flawed argumentation. In the Russian Constitution, the right of peoples to self-determination appears in two central provisions, but unlike its Soviet predecessors, it does not recognize a constitutional right of secession. Furthermore, the right to self-determination of a single ethnic group in Russia is said to be always trumped by Russia’s state sovereignty and territorial unity. Consequently, a right of secession is also dismissed in Russian constitutional doctrine. Two case studies on the conflicts over Chechnya and Tatarstan confirm this general assessment. In both cases, the Russian Constitutional Court discussed the relationship between the right to self-determination and Russia’s territorial integrity in two separate court decisions, and in both instances arrived at the conclusion that international law does not provide for a right of secession.


Author(s):  
Boris N. Kashnikov ◽  

The subject matter of this article is the principle of Self-Determination of Peo­ples of the contemporary international law. The principle is scrutinized both his­torically through its inner historical transformation and logically, through the analysis of its inner normative logic. The problem related to this principle is that it belongs simultaneously to three realms, those of politics, law and morals, containing different meanings. These meanings often do contradict each other and it happens differently on different stages of the historical transformation. The three major stages of the development of the principle (from the First World War up to the end of the Second; from the end of the Second World war up to the demise of the Soviet Union; and from the demise of the Soviet Union up to now) were continuously the stages of predominantly political, legal and moral. Each of the stages was reflecting the characteristic illusion of its time and was founded on the unique combination of the dominant meanings of the principle, which was enabling the principle to play its practical role. At the same time there are clear indications that the principle is incapable to play its cardinal proper role of the universal moral principle when it comes to it. This becomes crystal clear at the third stage of the development and which is trigger­ing unprecedented political violence of the contemporary movements of self-determination and secession


2021 ◽  
pp. 211-229
Author(s):  
Aleksandra Pavićević ◽  

The subject of the paper is the relationship between the duties of physicians and other medical professionals towards the dying patient (as a provider of medical services) and the patient's right to personal choice and preservation of his own right to self-determination in relation to body and life, which is a special subjective civil right. The author discusses the legal-medical (but also ethical) issue of the patient's ability to freely decide not to agree to a medical measure of artificial prolongation of life or suspension of already started measures. The issue is examining the limits of the so-called permissibility of “passive euthanasia”, which is indirectly recognized in domestic law by the Law on Patients' Rights and the legal basis for its application in one particular modality, the so-called "Patient letter" (living will) which is an established legal instrument in some foreign legislation and practice. Analyzing the experience of some foreign countries, the author supports the introduction of such an institute - as a kind of anticipated directives in domestic law, referring to the patient's constitutional right to self-determination, which embodies the supreme good, even more valuable than (unwanted) life. Such a solution is in line with the principle of human will autonomy, freedom to dispose of life as a personal good, and potentially a reflection of the so-called "the right to die", which is the reverse of the right to life


2021 ◽  
Vol 5 (3) ◽  
pp. 162-176
Author(s):  
K. R. Buynova

The author studies the Latin American writers’ visits to the USSR from 1954 till beginning of 1960s realized via the Foreign Commission of the Union of Soviet Writers. After Stalin’s death, the activity of all departments of the Commission expanded significantly; the lists of those invited from abroad now included writers who were absolutely loyal to the USSR as well as new and yet unknown names. As a result, the staff of the Foreign Commission had to face an unprecedented pluralism. Based on the Commission’s Spanish and Portuguese translators’ reports, stored in the Russian State Archive of Literature and Art, the study analyses the criteria based on which the stay of a guest was perceived as favorable or undesirable for continuing cooperation in order to improve the image of the USSR in foreign literary circles. The study also analyses somewhat of a loyalty marker, reflecting the guests’ perception of the results of the 20th Congress of the CPSU and the state of Soviet-Chinese relations as sensitive topics important for the political self-determination of communist writers. The study of these new sources allows us to conclude that when choosing new foreign partners, the Foreign Commission often relied on the advice of its’ faithful friends, and the protégés of the latter did not always withstand the test of compatibility with the Soviet regime. At the same time, there was no specific criteria for the new friends’ selection. The translators, who were the first to report on the visit, were invited from outside, sometimes just for one particular job; they did not receive clear instructions from the Commission and were guided by their own ideas about the importance of the writer in their care and the expediency of cooperation with him. Later their opinion could not be taken into account; presumably, it was the journalistic and novelistic production of the invited writers published as a result of the visit to the USSR that was of greater importance to decide whether they were worth further attention. The study reviews Soviet Writers’ Union cooperation with P. Neruda, F. González-Urízar, N. Parra, V. Teitelboim, A. Cassigoli, F. Coloane (Chile), J. Amado, M. Rebelo, E. de Moraes, G. Figueiredo, H. Silveira (Brazil), I. Abirad, J.C. Pedemonte, M. Rosencof (Uruguay), N. Guillen, C. Leante, O. Hurtado, Samuel Feijoo (Cuba), E. Barrios Villa (Bolivia), C.A. Leon (Venezuela).


2012 ◽  
Vol 26 (4) ◽  
pp. 792-810 ◽  
Author(s):  
Ben Herzog

The Soviet Union and post-communist states are outstanding case studies of the changing meaning of expatriation and citizenship. The historical shifts in voluntary and forced expatriation and the relationship between the two signify the changing perceptions of citizenship. Although there appears to be a disjunction between the two periods, I argue that this difference is mainly in scale and is symbolic rather than a transformation of the philosophical principle that allows free movement and free emigration. Both philosophically and legally, the right to exit one’s country and emigrate is considered a basic democratic human right. However, like all philosophical and actual manifestations of this right, during both the communist and post-communist periods the right to leave was conditional. Similarly, most post-communist countries adhere to the traditional conception of citizenship that sees dual citizenship as a violation of the exclusiveness of national political membership.


2012 ◽  
Vol 40 (2) ◽  
pp. 241-257 ◽  
Author(s):  
Indrek Jääts

This is an article on Bolshevik nationalities policy and ethnic engineering, asking who, in fact, decided which populations belonged together as ethnic groups (narodnost') and thus had the right of national self-determination, and how the level of autonomy was determined for each ethnic unit. Scholars have dealt with Russian and Soviet nationalities issues for decades already, but they have turned their attention mainly to the larger nationalities (at the level of SSR, and to a lesser degree the levels of ASSR and autonomousoblast). I argue that the lower levels of national territorial autonomy in the Soviet Union (nationalokrug, raion, volost', andselsovet) are worthy of greater academic attention, at least from the ethnological point of view. Having this kind of low-level territorial autonomy has often been a question of to be or not to be for the small ethnic groups concerned, and hence the subject is connected with the question of preservation of cultural and linguistic diversity in Russia.


Author(s):  
Syao Djan

The article considers the features of pedagogical technology of professional self-determination of the choreographer’s personality during professional training. This paper states that one of the means of developing the pedagogical qualities of the student's personality in the professional training of a choreographer is the author’s pedagogical technology. We determine the relevance of the study of the pedagogical technology of professional self-determination of the choreographer during professional training by the influence of many objective and subjective factors and reveals a direct relationship between the specific historical situation in the country and the cultural needs of the population. That is why there is a need for scientific understanding of the above processes – their specifics, mechanisms, forms, methods, techniques, i.e. the entire technological chain. The article also states that no matter how perfect the technology is, it cannot take into account all the diversity of the creative process, so the unity of the technical component with the spiritual-personal and socio-pedagogical is necessary. In a living process, it is impossible to “separate” the technological subsystem, as all other components are interconnected. Therefore, it is necessary to abandon attempts to rigidly fix its scope. It is important to trace the “transition” of technology into the relationship between the subjects of the real process. Pedagogical skill is to find a technological solution for the development of the whole set of personality qualities. Methods of teaching choreographic disciplines, as a rule, are abstracted from specific concepts of personality. The construction of the technology of training choreographers involves the “selection” of those parts of the whole personality that are in the perspective of pedagogy. This means that the pedagogical interpretation of personality, having its own specifics, takes into account the knowledge of personality, which gives philosophy, psychology, sociology, but builds this knowledge as subordinates to the problems of pedagogical research. Keywords: choreographer, professional training, professional skill, technology, pedagogical technology, technological scheme, professional self-determination, pedagogical qualities of personality.


2020 ◽  
Vol 25 (3) ◽  
pp. 117-132
Author(s):  
Paweł von Chamier Cieminski ◽  

The article takes stock of the historical development of the notion of the right of a people to self-determination in international law. It provides a coherent review of the main international treaties, customary rules, and legal rulings that shaped the evolution of the term over the course of the twentieth century. In doing so, it focuses on the main historical and political events, which had an impact on that process as well as the preconditions that have to be met in order for a people to have the legal capacity to execute the right to self-determination. Three main processes, which it focuses on are: decolonization, the establishment of a number of new countries following the dissolution of the Soviet Union, and the recent developments following ICJ’s Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. It also delineates the subject of the legal definition of a “people” as opposed to a “minority”, describes the legal tension between the right to self-determination and the principle of territorial continuity in international law, and discusses potential further development of the term.


Author(s):  
Johannes Socher

This chapter provides a critical rereading of the history of self-determination by revisiting the Soviet Union’s contribution to its evolution from a political principle to an international legal right. It argues that the history of the right to self-determination as a concept of international law starts with the Russian Revolution and not with Wilson’s famous Fourteen Points. Moreover, it highlights that the Soviet Union was the decisive force behind the codification of the right to self-determination in international legal instruments following the Second World War, while at the same time it modified or even perverted its meaning and content in its sphere of influence, most notoriously through the later so-called Brezhnev Doctrine. A discussion on how self-determination was theorized and debated in Soviet international law scholarship up until the collapse of the Soviet Union completes the picture.


1960 ◽  
Vol 14 (1) ◽  
pp. 92-106
Author(s):  
Elliot R. Goodman

“You know,” Khrushchev characteristically proclaimed in a message to the African People's Conference meeting in Accra in December 1958, “that on the national question the Soviet Union is invariably guided by the principle of the right of nations to self-determination, and that it has always supported and still supports the struggle of peoples to obtain or strengthen their national independence and freedom.” The idea of national self-determination, fathered by political theorists like Mazzini and Wilson, is, of course, Western in origin. But in an age of nation-building in the Afro-Asian world, skillful Soviet use of this concept presents Western diplomacy with a formidable and continuing challenge in the East. The purpose of the present inquiry is to examine briefly how Soviet spokesmen have attempted to manipulate this Western idea, particularly in the great assembly halls of the UN where representatives of East and West constantly intermingle.


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