Sovereignty and territory of the state in the aspect of the problems of constitutionalism: past and present
The subject of the research is issues of sovereignty and territory of the state in the light of the problems of constitutionalism, the transformation of scientists' views on the place and role of the territory of the state among the signs of state sovereignty as the main element of the constitu...
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2025-06-01
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| Series: | Правоприменение |
| Subjects: | |
| Online Access: | https://enforcement.omsu.ru/jour/article/view/1086 |
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| Summary: | The subject of the research is issues of sovereignty and territory of the state in the light of the problems of constitutionalism, the transformation of scientists' views on the place and role of the territory of the state among the signs of state sovereignty as the main element of the constitutional system and an inalienable property of the state.The purpose of the study is to determine, based on an analysis of the domestic and international legal political and economic situation, the optimal directions for improving the territorial and political organization of Russia.Dialectical-materialistic, comparative-legal, system-structural methods are used in the research.Main results. Russian pre-revolutionary statesmen, as well as the founders of scientific socialism, or ancient authors, left the territory outside their attention, assessing the state, first of all, as a specially created governing subsystem that distinguishes a class- differentiated society from its primitive communal state. The most consistent supporters of the territory as a sovereign feature of the state were international lawyers, whose line was continued by Soviet and post-Soviet authors. The article contains an extensive list of scientific sources reflecting the territorial problem, and analyzes proposals for improving the territorial and political organization of the Russian Federation.Conclusions. Abstracting the definition of the state from the territory can lead to the erroneous conclusion that there are no fundamental differences between the state and a public association, and proposals to improve the territorial organization of Russia are acceptable insofar as they do not destroy the territorial unity of the state. |
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| ISSN: | 2542-1514 2658-4050 |