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Реферат State sovereignty. Management organization culture


1. Sovereignty as major constitutionally legal principle of statehood (on the example of the countries - members of the CIS)

historical period is characterized by a hard process of development of a new legal system of the countries of CIS in modern conditions of their independent development. And it is happening on the background of transformation of the Soviet legal system and addition of new integration processes in the field of the law.legal jurisprudence of the states - members of the Commonwealth face the task of research of integration processes within the framework of the CIS, of practice of state development and tendencies of development of the constitutional legislation of these states. Within the framework of our research we have decided to analyze the constitutional fastening in the countries of CIS of such major principle of statehood, as the sovereignty. Despite the long time development by lawyers of the category sovereignty raquo ;, the theory of the sovereignty still requires judgement and concrete definition. It is connected with the fact that each epoch puts new questions before lawyers, and the destiny of the state, and its existence sometimes depends on the answer to the given question.the countries of CIS, being based on the inalienable law to self-determination , proclaim themselves as sovereign states. Thus, Article 1 of the Constitution of the Russian Federation reads: The Russian Federation shall be a democratic, federative, lawful state with the republican form of government raquo ;, and Article 4 reads: The sovereignty of the Russian Federation is distributed to the entire territory of the state raquo ;. Article 1 of the Constitution of Republic of Moldova proclaims, that Republic Moldova shall be a sovereign and independent, uniform and indivisible state raquo ;. Constitution of Kyrghyz Republic stipulates that: the sovereignty of Kyrgyz Republic shall not be limited and distributed on the entire territory. Protection of the sovereignty and independence shall be assigned to the President of the Republic and the Armed Forces of the state raquo ;. Constitution of Turkmenistan guarantees supremacy and completeness of state power on the entire territory. The state sovereignty and the territory of Turkmenistan shall be uniform and indivisible (Article 1). The state shall be responsible for protection of independence and territorial integrity of the country, protection of the constitutional system, maintenance of legality and social order [1] .state sovereignty shall be expressed both in the internal political, and in its foreign policy relations. Constitutions of the countries of CIS assign to republics the status of the complete subject of international relations. Foreign policy of the countries of CIS proceeds from the principles of sovereign equality of the states, non-use of force or threat by force, indestructibility of borders, peaceful settlement of disputes, non-interference into internal affairs of other countries and other conventional principles and norms of the international law.republic can conclude unions, join the Commonwealth and other interstate organizations, and besides can freely leave them, being guided by the supreme interests of the state, people, its well-being and safety.of the countries of CIS fix the form of their state system. The majority of the countries of CIS are unitary states with independent inclusions (Azerbaijan, Georgia, Tajikistan, Uzbekistan, Ukraine), or without them (Armenia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan). Thus, according to the Constitution of Republic of Azerbaijan People of Azerbaijan shall form the independent secular democratic unitary state whose sovereign power in internal policy shall be limited only by the law, and in foreign policy shall be limited solely by regulations proceeding from contracts and agreements at which the people of Azerbaijan have freely expressed consent. The sovereignty of Republic of Azerbaijan shall be indivisible and distributed on the entire territory (Article 72). Constitution shall determine the status of Nakhichevan Autonomous Republic as an integral part of Azerbaijan (Article 79). Constitution of Kazakhstan declares the Republic the democratic, secular and unitary state. Kyrgyzstan declares itself the sovereign unitary democratic Republic developed on the basis of the legal secular state (Article 1) [2] .Russia preserves the federative form of state system. Federalism as the principle of political-territorial construction, the form of territorial democracy, self-determination and self-management of the peoples including Russia shall be the constant basis of its constitutional system. Russia shall be the uniform, but complex state by its internal structu...

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