The absolute sovereignty of the state is a constitutional right. State sovereignty

what is the sovereignty of a state and received the best answer

Answer from Maxim Yu. Volkov[guru]
State sovereignty is a sign of a state, expressed in supremacy and independence state power throughout its territory, as well as in international relations. Sovereignty Russian Federation enshrined in Art. 4 of the Constitution of the Russian Federation. Main characteristics of state sovereignty:
1) the supremacy of state power on the territory of the state is expressed in the fact that within this territory there is no other political power that would be above the state power, to which the state power would be subordinate;
2) the independence of the state in international relations means that the state acts in international (interstate) relations as equal in rights with others sovereign states subject. No other state can issue mandatory orders in relation to the Russian Federation, nor extend its power to the territory of the Russian Federation;
3) the sovereignty of the state is not unlimited. On the one hand, the supremacy of state power is limited by law, state power functions within a strictly defined legal framework. On the other hand, the supremacy of power is limited by the presence of the Russian Federation in various international organizations (primarily the United Nations and the Commonwealth of Independent States). This restriction is expressed in the transfer of part state powers these international organizations. Such a transfer is permitted by the Constitution of the Russian Federation. Article 79 provides that the Russian Federation may participate in interstate associations and transfer to them part of its powers in accordance with international treaties. The Constitution of the Russian Federation limits this right of the state to two conditions: participation in interstate associations is possible if it does not entail restrictions on the rights and freedoms of man and citizen and does not contradict the fundamentals constitutional order Russian Federation;
4) state sovereignty is united and belongs to only one subject - the state (Russian Federation). Does not affect the unity of sovereignty federal structure Russia. The subjects of the Russian Federation - republics - although they are called states in the Constitution of the Russian Federation (Article 5), cannot be recognized by them, since they do not have sovereignty: on their territory, on the subjects of jurisdiction of the Russian Federation and the subjects of joint jurisdiction, bodies executive power republics obey federal authorities executive power; and also the republics are not subjects international law, that is, they cannot independently (on their own behalf) enter into relations with foreign states. In a federal state, sovereignty is not divided between the Federation and its subjects, but there is a division of jurisdiction and powers between federal government bodies and government bodies of the subject of the Federation;
5) state sovereignty, according to Part 2 of Art. 4 of the Constitution of the Russian Federation, is expressed, among other things, in the supremacy of the Constitution of the Russian Federation and federal laws throughout the entire territory of the Russian Federation;
6) international legal aspects of sovereignty are the principles of integrity and inviolability of the territory of the state. The inviolability of borders, integrity and inviolability of territory are generally recognized principles of international law and are enshrined in the UN Charter. States undertake to respect these principles in their relations. Part 3 Art. 4 of the Constitution of the Russian Federation entrusts the Federation with ensuring the integrity and inviolability of its territory.

Sovereignty - supreme supreme power and independence (Khlestov)

Sovereignty- complete independence and independence of the state in internal life and externally; the supremacy of the state within its own borders and its independence in international affairs. State sovereignty does not allow outside interference.

Sovereignty is indivisible, because it represents not a type of power resource, but a certain quality of state power. Namely, its supremacy in relation to all other conceivable types of power. This supremacy is expressed in the state's monopoly on war and military mobilization, on the creation of law and legitimate violence. In the international political sense, the principle of inalienable and indivisible sovereignty means a ban on integration into external supranational structures.

Thus, sovereignty has 2 elements: 1) the highest form of power and 2) independence in external affairs (Khlestov). There is no absolute sovereignty.

The concept was introduced by a French lawyer of the 16th century. Jean Bodin and initially retained a connection with feudal law, denoting primarily the power of the supreme overlord as opposed to the power of vassal rulers. However, the Peace of Westphalia in 1648 recognized the sovereign rights of all European states (including vassals of the Holy Roman Empire), i.e. starting modern system, in which sovereignty is assumed to be a necessary attribute of any state. IN Lately However, there is more and more talk about the “erosion” of the concept of national sovereignty associated with the process of globalization and strengthening mutual ties and interdependence between states, which leads, on the one hand, to a strengthening of the role of supranational bodies to which states partially delegate their sovereign rights (no. , EU), on the other hand, to the recognition of a number of problems (eg, human rights) beyond the exclusive jurisdiction of individual states and subject international regulation(the principle “human rights violations are not an internal matter”).

Signs of sovereignty:

1 Territorial supremacy(on the territory of a given state, only the laws of that state apply).

Within its territory, the state exercises territorial supremacy (that is, supreme and exclusive power), which constitutes an organic part of state sovereignty. Borders state territory the limits of action of the highest state power and the norms issued by it are established.

2. Territorial integrity(the territory of a state cannot be changed either downward or upward without its consent supreme body or people;
3. Formal independence of the state from any subjects(including from organizations individuals and from any SIDS, both within and outside the State).

State sovereignty (French) - the entirety of legislative, executive and judiciary state on its territory, excluding any foreign power, as well as the subordination of the state to the authorities of foreign states in the sphere of international communication, except in cases of explicit and voluntary consent on the part of the state to limit its sovereignty. In principle, the sovereignty of a state is always complete and exclusive.

Sovereignty is one of the inalienable properties of the state. The concept of state sovereignty underlies such generally accepted principles MP, as the sovereign equality of states, mutual respect for state sovereignty, non-interference of states in each other’s internal affairs, etc.

Associated with the concept of state sovereignty is the concept of state sovereign rights - these are derived from the essence of sovereignty specific rights states to extend their power to objects and actions of physical and legal entities not only within its national territory, but also beyond its borders. IN the latter case The sovereign rights of states are secured by international treaties. One of the specific sovereign rights of a state is the exercise by it of jurisdiction (n., in relation to its maritime and aircraft, space objects while they are outside the national territory). Coastal states exercise sovereign rights over the continental shelf for the purpose of exploration and development natural resources, which is not equivalent to the full and exclusive sovereignty of the state, which does not extend to the continental shelf.

The part of the globe that is under the sovereignty of a particular state is called state territory.The components of the state territory are land, water and air spaces, as well as objects equivalent to it.

State boundaries are real or imaginary lines on the earth's and water's surfaces, as well as imaginary vertical planes running along them, which define the limits of the state's sovereignty over its land and water territories, airspace and the bowels of the earth.

The borders of the state are divided into land, river and lake, and sea. Land boundaries are understood as lines passing along characteristic points of the terrain (for example, mountain ranges) or through certain points of geographical coordinates, as well as along parallels and meridians. The river boundaries of a state run along rivers, and unless otherwise provided by international treaties, the border is usually considered to be a line running on navigable rivers - in the middle of the main fairway or along the thalweg of the river (line of greatest depths), and on non-navigable rivers (streams) - along their middle or in the middle of the main branch of the river. The maritime boundaries of a state are established at sea independently by each state along the outer limit of its territorial waters, if these waters do not come into contact with similar waters of other states. In cases where the territorial waters of two or more states are in contact, the boundary line between them is established on the basis of an agreement.

With regard to state borders, the generally recognized principle of international law applies, prohibiting any unilateral change border lines on the ground, as well as crossing the border in violation of relevant international agreements and internal rules of states. The boundary line established on the ground must be strictly observed. Boundary signs marking the border line are not subject to arbitrary movement unilaterally. Rules and regulations about state border are based on the principle of the inviolability of borders and the territorial integrity of states and are widely used in international practice. Any changes to the border line can only occur by agreement of neighboring states and in accordance with the MP. By virtue of its sovereignty and, in particular, territorial supremacy, each state independently establishes the procedure for crossing its borders by citizens, transport and cargo, or such a procedure is established by agreement of the interested states, taking into account the generally recognized principles and norms of international law.

The sovereignty of the RSFSR was proclaimed by the Declaration of State Sovereignty of the RSFSR dated June 12, 1990 adopted at the First Congress of People's Deputies of the RSFSR. To provide economic basis sovereignty of the RSFSR, the RSFSR Law of 10/31/90 “On ensuring the economic basis of the sovereignty of the RSFSR” was adopted.

Article 4 of the Constitution of the Russian Federation proclaimed the extension of the sovereignty of the Russian Federation to its entire territory.

Article 67 states that “The territory of the Russian Federation includes the territories of its constituent entities, internal waters and the territorial sea, air space above them. The borders between the subjects of the Russian Federation can be changed with their mutual consent.

Sovereignty can be complete And limited.

On its territory the state has full sovereignty. However, there are parts of state territory in which the sovereignty of the state is limited international legal norms . For example, in territorial waters the state is obliged, according to the MP, to grant the right of innocent passage to foreign ships.

In interstate relations, it is not uncommon for certain duties burdensome to sovereignty to be imposed on a state by foreign powers through a bilateral or multilateral treaty or by their impact on the constitutional provisions of such a country.

Thus, as a result of the Spanish-American War of 1898, the United States completely subjugated Cuba and imposed a change in the Cuban Constitution, according to which Cuba committed itself to coordinating its foreign policy with the United States and placing an American military base in Guantanamo Bay. After the Cuban Revolution of 1959, these provisions of the Constitution were removed (although the US military base at Guantanamo Bay, against the will of Cuba, still exists).

There are also situations where parts of the constitution or the entire constitution are written for the country that lost the war. Peace treaties following a war may include provisions limiting the jurisdiction (sovereignty) of the state. This position of the state  form international legal responsibility behind international crimes with his hand.

It is interesting that, according to Article 309 (3) of the North American Free Trade Association (NAFTA), which provides for the liberalization of trade between the United States, Canada, Mexico and the mutual elimination of bans and restrictions on the import/export of goods, the United States is given the right to unilaterally introduce certain prohibitive measures subject to execution by other states  NAFTA participants.

Increasingly, states are transferring their powers to international organizations and bodies integration associations .

Thus, in November 2002, the Swedish Parliament overwhelmingly approved changes to the Constitution, according to which a number of powers in the field of foreign and defense policy were transferred to the jurisdiction of EU bodies.

Previously, Sweden, according to the Constitution, transferred powers in relevant economic matters to EU bodies. At the same time, being a member of the EU, Sweden has not yet joined the pan-European monetary union and retains its sovereignty and jurisdiction over the national currency - the krona.

From the Constitution of the Russian Federation (Article 79)

The Russian Federation may participate in interstate associations and delegate to them part of its powers in accordance with international treaties, if this does not entail restrictions on the rights and freedoms of man and citizen and does not contradict the fundamentals of the constitutional system of the Russian Federation.

Thus, the increasing interdependence of states, the conclusion international treaty in themselves do not yet mean restrictions on state sovereignty, but rather represent forms of its manifestation and implementation.

Definition. State sovereignty is the supreme inalienable right of the state to independently resolve issues of internal and external nature, observing the principles and norms of international law and the rule of law.

The concept of “sovereignty” has the same meaning for a state as “rights and freedoms” for a person. It appeared at the end of the Middle Ages, when it was necessary to separate state power from church power and give it exclusive, monopoly significance. Now sovereignty is mandatory feature states. A country that does not have it is a colony or dominion.

Features of state sovereignty. The sovereignty of the state is:

1) legal nature exercise of state power, jurisdiction of the state, its status;

2) the supreme right of the state - the right to represent the entire society as a whole, the right to make laws, administer justice, extend power to the entire population, etc.;

3) inalienable supreme right.

Sovereignty has two sides: internal - supremacy within the country and external - independence in the international arena.

Supremacy state within the country is manifested:

- V exclusive right represent the whole of society, not just parts of it;

– in universalism – power in the state extends to the entire population;

– in the prerogative – the state has the right to make laws and thereby determine the scope of freedom of all subjects of law.

Independence state is manifested:

– in the recognition of a given state by the international community as a subject international relations;

– in implementing an independent foreign policy;

– non-interference of other states in the internal and external affairs of a sovereign state.

Types of sovereignty. Three types of concepts of sovereignty are known in theory and practice:

– folk,

- National,

– state.

Popular sovereignty - this is the very content of democracy, the basis of democracy, the right of the people to determine their own destiny by their own will.

Under national sovereignty is understood as the supreme inalienable right of a nation to self-determination, i.e. the right to determine its own destiny, independently choose one or another form of national state structure, resolve issues of a political, economic, socio-cultural, national and other nature, taking into account objective economic conditions, the rights and interests of nations and nationalities living together, as well as the opinions of other subjects of the federation.

Is it absolute? state sovereignty? There have always been and still are states in the world with formal or limited sovereignty. Sovereignty is considered formal when it is legally and politically proclaimed, but in fact, due to the spread of influence of other states dictating their will, it is not implemented. Partial limitation of sovereignty can be forced or voluntary.

A forced limitation of sovereignty may take place, for example, in relation to a state defeated in a war by the victorious states. Voluntary limitation of sovereignty may be allowed by the state itself, for example, for the sake of achieving certain goals common to several states. Voluntary limitation of sovereignty is also observed when states join a federation and transfer part of their sovereign rights to the federation.

Law (legislation)

Definition. Law is a system of generally binding norms expressed in the law, as well as in other sources recognized by the state and which are a generally binding criterion for legally permissible (as well as prohibited and prescribed) behavior (S.S. Alekseev).

The state exercises its power and functions by issuing laws that are mandatory for all or by sanctioning established customs and creating judicial precedents, called law or positive law. Without law, state power cannot function.

Features of the law. Law is one of the types social regulation, characterized in that:

– created by government agencies;

– formalized in the form of regulations, legislation;

– ensured by the power of the state;

- It has written form expressions.

With the help of law, through the law, the state:

1) secures internal organization state, its form, structure, administrative apparatus, competence government agencies and so on.;

2) creates and ensures a stable universal order in public relations;

3) implements its tasks and functions;

4) legalizes and constitutes state activity.

The essence of the state

“Essence,” as a philosophical category, characterizes the main thing in a phenomenon that determines its nature, makes the phenomenon itself: when the essence changes, the object ceases to be what it is and becomes another phenomenon. The main thing in the state, the fundamental one, is state power. State power is both the main content of the essence of the state and its most important feature.

Criteria for determining the essence of the state. Two criteria are generally accepted:

– ownership of power, i.e. who has it (formal side) and

– an interest protected by state power, i.e. whose interests the state serves (the substantive side).

There are several theories justifying the ownership of power: elite theory, technocratic theory, democratic doctrine, Marxist theory and etc.

Elite theory asserts that the masses are not capable of exercising power, of governing public affairs that state power should belong to the top of society, i.e., the elite.

Technocratic theory declares that professional managers and managers should rule and manage. Only they are capable of finding optimal ways for the development of society.

Democratic doctrine proceeds from the fact that the primary source and primary bearer of power is the people, that state power must be exercised in the interests and under the control of the people.

Marxist theory proves that state power belongs to the economically dominant class and is used in its interests (class theory).

Most often, the essence of the state is determined by whose interests state power serves. Based on this criterion, the essence of the state can be:

1) class, within its framework the state is considered as an organization of political power that consolidates the interests of a certain class, political force;

2) general social, within its framework the state is defined as an organization of political power that ensures public interests, concentrating the interests of various classes and strata, the majority of the country's population.

The narrow class approach to the definition of the concept of the state and its essence is extreme. However, the other extreme is the “universal” approach to defining this concept. Refusing one, “purely” class extreme, consciously or unconsciously, authors, adherents of universal human values and interests, fall into another extreme, no less distorting reality.

IN real life There are neither purely class nor purely human state institutions, and therefore, corresponding definitions of the concept of state. The truth, as often happens, is somewhere on the “golden” mean, that is, the essence of the state is dual in nature.

The third approach to essence (dual character) seems to be the most correct. Both characteristics are true for any state, but the specific weight of one or another principle is not the same in different states and at different stages of its development. This is due to many factors. It is obvious that in a democratically structured state, general social principles will dominate. A state of the opposite orientation (for example, totalitarian) will also have general social principles, but their proportion is small, and the main content of the activities of state power is the expression of the interests and will of the social strata in power.

The sovereignty of the Russian Federation is a contradictory fact, since the same Constitution of the Russian Federation of 1993 still contains certain conflicts. And more and more people are imbued with the idea that our country does not have full state sovereignty.

In order to understand this, inner courage and a desire to live in an independent and prosperous state are required. When you begin to delve into the facts, you become personally convinced of the bitter truth that they contain.

Sovereignty - is the independence of the state in external and internal affairs, a legal quality that implies complete disobedience to the authority of another state.

A sovereign state is a state free from external influences, possessing political and legal independence and the supremacy of its own state power.

There are many factors that can be used to determine the sovereignty of a state. Thus, the key elements of full state sovereignty, without which it is impossible to talk about the independence and independence of the country, are the following features:

Recognition of the country's territory by the international community; presence of a flag, coat of arms and anthem.
The supremacy of the state in both internal and external economic affairs. Elimination of economic pressure on the country. If the government cannot control its own economy, then someone else will control it.
And this “someone” at any moment can completely destroy the economy of an economically dependent state under his control, making a colony out of the country, or, in other words, modern language, justify for yourself a “raw materials appendage”.
Mandatory legislative recognition of the sovereign status of the state. If a country does not have legal recognition of sovereignty, then, in essence, this is a loss for the country as a whole.
Diplomatic sovereignty is the ability to pursue an independent international policy. “Enter” the international arena and express your position on certain issues without fear, taking into account your economic, political and geopolitical interests.
Military sovereignty is the most important indicator of the sovereignty of any country. It is the ability to defend one’s country from external military attack that is the main guarantor of the sovereignty of the state
. If the state cannot provide its own safety, then various types of military actions can be carried out in relation to him, sanctions can be applied, and ultimatums can be put forward.
Ideological sovereignty is the presence of one’s own state ideology and culture.
Ideology and culture interact very closely with each other. Culture is formed from ideology and vice versa. If the state does not have its own ideology that unites the citizens of this very state, then someone else’s values, someone else’s culture can easily be imposed on society, which can have a detrimental effect on the state.

The first step towards gaining the sovereignty of the Russian Federation was the adoption of the Declaration “On the State Sovereignty of the Russian Soviet Federative Socialist Republic”, adopted on June 12, 1990 by the first Congress of People's Deputies of the RSFSR.

Expressing the will of the peoples of Russia, the Declaration proclaimed the state sovereignty of the RSFSR throughout its territory and declared its determination to create a democratic constitutional state as part of the renewed Union of Soviet Socialist Republics. After the collapse of the USSR, the Russian Federation acquired full sovereignty, which is described in the Constitution of December 12, 1993.

The Russian Federation was proclaimed a federal sovereign democratic state with a republican form of government. The sovereignty of the Russian Federation is guaranteed by Article 4 of the Constitution of the Russian Federation, which reads:

1. The sovereignty of the Russian Federation extends to its entire territory.

2. The Constitution of the Russian Federation and federal laws have supremacy throughout the Russian Federation.

3. The Russian Federation ensures the integrity and inviolability of its territory.

However, the sovereignty of the Russian Federation is a contradictory fact, since the same 1993 Constitution of the Russian Federation still contains certain conflicts.

And more and more people are imbued with the idea that our country does not have full state sovereignty. In order to understand this, inner courage and a desire to live in an independent and prosperous state are required. When you begin to delve into the facts, you become personally convinced of the bitter truth that they contain.

Let's look at some of them with examples.

Example 1

So, Article 13 of the Constitution of the Russian Federation states:

At first glance, everything in this article is written tolerantly. “No one forbids anyone anything,” i.e. ideological diversity is proclaimed. At the same time, a ban on state ideology is being introduced in the Russian Federation.

This means that the state does not have the right to establish its dominant ideology. All together, this means only one thing: in Russia anyone can engage in ideology, including representatives of foreign states, except the Russian state itself.

If we consider this article in even more detail and carefully, we can understand that at its core it is a liberalist ideology. “No ideology can be established as state or mandatory” is a sign of denial.

Liberalism is an ideology of denial - denial and oppression of any form of collective identity. Therefore, there is no need to specifically approve it, but you just need to introduce restrictions for “positive ideologies” - those that assert different shapes collective identity.

Because of this, Article 13 of the Constitution of the Russian Federation traces the classical liberal doctrine: the reduction of ideology from “general” to “individual choice.” But we must not forget that the denial of ideologies is also an ideology.

Example 2

Article 29, paragraph 5 of the Constitution of the Russian Federation states:

Freedom of the media is guaranteed. Censorship is prohibited.

This article constitutionally prohibits censorship. But censorship is the means of protection against harmful propaganda.

We live in a world where information is “a weapon in the hands of your enemy and a shield in your hands.” In information wars, Russia has always shown itself only from a defensive position. Now, according to the Constitution of the Russian Federation of 1993, Russia is deprived of the opportunity to ensure its information security.

Example 3

Article 79 of the Constitution of the Russian Federation states:

Based on this article, we can conclude that the Russian Federation has the right to transfer part of its powers international bodies, if this does not entail restrictions on human rights and freedoms. This means that the Constitution stipulates that, in accordance with international treaties, troops or police can be brought into our territory.

Example 4

Article 75 of the Constitution of the Russian Federation states:

It follows that money emission in the Russian Federation is carried out exclusively by the Central Bank of the Russian Federation.

Wherein, central bank The Russian Federation is not government organization, which means it is not subordinate to the state. Since the Russian Federation is a member of the International Monetary Fund, the Central Bank of the Russian Federation reports exclusively to this organization. It turns out that the state cannot control the issue of its own money.

Example 5

Article 15, paragraph 4 of the Constitution of the Russian Federation states:

Generally recognized principles and norms of international law and international treaties of the Russian Federation are integral part her legal system. If an international treaty of the Russian Federation establishes rules other than provided by law, then the rules apply international treaty.

It follows that international legislation is superior to the Russian Federation’s own laws.

Any law adopted by the legislative bodies of the Russian Federation that contradicts international treaties is automatically repealed. And vice versa, after the adoption of any international treaty, its force should extend to the entire territory of the Russian Federation. This results in a kind of control “from the outside.”

Despite all the problems of our country and the conflicts in the Constitution of the Russian Federation, today there has been a tendency to move away from “dependence” to “sovereignty”. An example of this is the following facts:

A lot of politicians speak out about the need to revise the Constitution of the Russian Federation and introduce into it significant changes, and in particular: to exclude articles that consolidate the loss of sovereignty of the Russian Federation, as well as the introduction of an ideology that will be state.
On December 6, 2013, the decision of the Constitutional Court of the Russian Federation was a decree which states that the Constitutional Court of the Russian Federation reserves the right to determine the methods for implementing the resolution European Court.
So, for example, when reviewing a civil case Constitutional Court The Russian Federation will independently determine how much the decision of the European Court complies with the fundamental law of the Russian Federation.
Proposal of the President of the Russian Federation to nationalize the Central Bank of the Russian Federation

Thus, the Constitution of the Russian Federation of 1993 can rightfully be called occupation, since it reveals a deliberately hidden defect that is leading the country to self-destruction:

destruction of the fundamental foundations of our society and state, our traditional spiritual, moral and national cultural values. It also enshrines external control at the level of legislation, ideology and the monetary system.

The powers of the President of the Russian Federation, as the head of state, are curtailed, the responsibility of state bodies to citizens is not spelled out (although it is believed that it is the people who exercise their power through state authorities).

There is nothing in it that would unite the citizens of our country into a single whole, into a people; which would determine the goals and prospects for the development of society and the state.