Известия высших учебных заведений. Поволжский регион: Общественные науки (Apr 2023)
Issues of defining sovereignty and its significance in the modern state and legal development of the Russian Federation
Abstract
Background. The article is devoted to the study of the determining sovereignty issue and its significance in the modern state-legal development of the Russian Federation. Various approaches to understanding the category of “sovereignty” are revealed. The cate-gory of “state sovereigntyˮ is studied, its structure and content are determined. The defini-tion of sovereignty in the legislation of the Russian Federation is being considered. The features of its regulation and application in the practice of functioning of the federal Rus-sian state are determined. The correlation of federal sovereignty and its regulation in the subjects of the Russian Federation is shown. The positions of a number of states on the un-derstanding of their sovereignty are considered. The purpose of the research is to study of determining sovereignty issue and its significance in the modern state-legal development of the Russian Federation. Materials and methods. The article uses dialectical, formal-legal, logi-cal, comparative-legal and other methods of cognition. Results. The modern international reality is that any State proclaiming itself to be a State governed by the rule of law and thereby being sovereign thus determines its international legal status. In modern conditions of instability of relations in the world society, as well as the active development of globaliz-ing world processes, determine the question of the existence of a real threat of the disap-pearance of the sovereignty of many states. Sovereignty plays an important role for the in-dependence of a state with a federal structure. It is of particular importance for a multinational state built on a territorial-national basis, which is the Russian Federation. In such a State, each nation has the right to its own self-determination. Today’s globalization, the increasing role of international cooperation, and the reorientation in the unification of various States require a serious rethinking of the category of “sovereigntyˮ and its ele-ments. The modern significance of determining the place and role of sovereignty in the state-legal development of the Russian Federation cannot be underestimated. Conclusions. Sovereignty combines several components: territorial, people and sovereign power. State sovereignty is the basis of all levels of public power (state and municipal), judicial power where the fullness of power is exercised throughout the territory of the national state, and where there is a denial of any influence of the power of a foreign state and non-subordination to the power of any foreign state. Todayʼs world order is characterized by the unification of states, where one state can go to a partial limitation of its sovereignty only on the basis of reciprocity and voluntariness. Sovereignty in its general sense can be defined as independence, the fullness of state power having independence and supremacy in the state. Also, it should be noted, its isolation within the entire international community. We support the idea of the creators of the general theory of sovereignty that there can be no independ-ence of the state without its sovereignty. State sovereignty is essentially the domination of the whole over its constituent parts. Sovereignty is indivisible and absolute. It is important today to define a ban on any legal changes to the components of Russia’s sovereignty. In particular, not to any foreign state, or their state power of transferring part of the territory of Russia. In Russia, it is impossible to form any public structures that determine the purpose of their activities to violate the sovereignty of our country. It is absolutely correct from the legal side to include new subjects into Russia: the Republic of Crimea, the Donetsk Peo-pleʼs Republic, the Luhansk Peopleʼs Republic, the Kherson and Zaporozhskaya oblasts, as well as subsequent measures in the form of a special military operation, the introduction of martial law in these territories and other things that ensure the sovereignty of the Russian Federation. Speaking about a composite state, in particular the federal Russian Federation, we can only talk about the presence of federal state sovereignty. The regions of Russia do not have their own sovereignty and cannot define it in their own constitutional legislation. One of the most dangerous trends in international relations is the undisguised desire to limit the sovereignty of a particular State through explicit threats of economic sanctions and oth-er restrictive measures. Only those States whose sovereignty is “filledˮ with economic, so-cial, etc. matter can resist such an aspiration. In order to ensure State sovereignty, a compe-tent domestic policy aimed at ensuring stability and sustainability of the economic, social, and political spheres is necessary.
Keywords
