Some aspects of theoretic-legal and conflictological analysis of stable functioning of the unrecognized state - Реферат

ABSTRACT WORK: SOME ASPECTS OF THEORETIC-LEGAL AND CONFLICTOLOGICAL ANALYSIS OF STABLE FUNCTIONING OF THE UNRECOGNIZED STATE We believe that problems of sovereignty in modern political life of the world shall be of great significance. It is conditioned, in particular, by aspiration of certain social groups to the detached existence. This problem is especially specified in connection with the similar processes which are happening in Russia and at its borders. The requirement of sovereignty and independence for ethnically designated territory, directed against the state power of the country [1] is more often subjected to analysis from the position of political science in which it is considered as the concrete political phenomenon as the way of struggle for self-determination of the nation or a territorial unit. It is necessary to take into consideration, that seccessional requirements can be expressed in the aspiration of any territory to change jurisdiction of one state for jurisdiction of another (for example, Karabakh). At the same time, it is necessary to note, that the analysis of aspiration of the territory to independence shall assume not only research of parameters of such a process, but also search of the ways of sanction of opposition between the central authority of the state and the territory aspiring to self-determination. We think, in this case the theoretical-legal and conflictological analysis of the considered phenomenon is necessary. In the modern political reality seccessional requirements are quite frequent, thus the justification of the unilateral actions directed against the central authority according to A. Bjukenen is based on representation what purpose in general the state exist for, under what conditions it has the right to supervise the territory and the people [2]. We think it is possible to allocate three variants of seccessional requirements. First, the situation with the contractual resolution of the conflict between the region aspiring self-determination and the central authority is completed seccession. As a result, a new state appears. The example, is determination of Eritrea from Ethiopia. Second, regions aspiring to determination can for different reasons be not capable to obtain the international recognition. As a result - restoration in any way of the supremacy of the central authority is suppression of aspiration to sovereignty. For a example, conflicts connected with aspiration to independence of the Chechen Republic of Ichkeria, Gagausia, the same as - Katanga and Biafra. And, third - stable functioning of the unrecognized state. It is expressed, on the one hand, in inability of the central authority to restore the supremacy on the entire territory, and on the other hand - in non-recognition as the subject of the international law effectively supervising the territory and the population of the region aspiring to determination. For example, the Pridnestrovskaia Moldavskaia Respublika, Abkhazia, South Osetia, Kosovo. It is necessary to note, that analysis of the two first variants results in predicted conclusions - it is possible to speak about the separate state or a part of the state. The third variant assumes search of various ways of sanctions of the conflict situations, connected with the scientific analysis of the specified phenomenon. Thus, from the position of the theory of the state and law stable functioning of the unrecognized state should be considered, first of all, in interrelation with the attributes of the state. The key attributes, shall be such as the territory, the sovereignty, the population. Active seccessional requirements have essential influence on redistribution of the contents of these attributes between the central authority and regions aspiring to self-determination. Thus, the region to which jurisdiction of the central authority is not actually distributed is excluded from the structure of the state territory. And on the contrary, the region aspiring to independence has the attribute of the territorial unit. Otherwise, the statement for aspiration to the state isolation from the basic state will not make sense. The sovereignty as well as the territory has the indivisible legal nature. In this sense the region aspiring to self-determination frequently at a greater degree corresponds to concept state, than to mother country as the supremacy over territory of the region aspiring to independence is excluded from the sovereignty of the later. The population of such region at a greater degree possesses political-legal connection with the region, rather than with the central authority of mother country. Thus, the Pridnestrovskaia Moldavskaia Respublika realises the supremacy of the power on its entire territory provides political and legal connection with the people residing on its territory by means of citizenship. On the contrary, the Republic of Moldova has no opportunity really to realise the supremacy of the power on the territory of the Pridn