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





s 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 Pridnestrovskaia Moldavskaia Respublika which formally is a part of Moldova, and has no political-legal connection through relations of citizenship with the overwhelming the majority of the population of unrecognized state unit. And it was confirmed at the referendum which took place on September 17, 2006 when the people of the Pridnestrovskaia Moldavskaia Respublika supported independence, rather than functioning in the structure of Moldova. The same processes take place in Abkhazia and South Osetia.of the region aspiring to self-determination coincide with the theoretic and legal list of functions of the state. We mean political, economic, law-enforcement, military and social functions. And forms of realization of these functions are traditional - law-making, law-execution and justice. Practically in all the regions there is the parliament, the government or the president, and the organs of the judicial power, including the Constitutional Court (for example, the Pridnestrovskaia Moldavskaia Respublika) .political system of the territories aspiring to self-determination is formed on the basis of general-theoretical fundamentals - the state, political parties and movements, opposition, criminal community. And the central state is considered as foreign. And in all statutory and individual legal acts of region aspiring to independence such context is read.presence of the system of formally fixed rules of behaviour - law - is the basis of appeal to the world community concerning recognition as the state. More over, if in the legislation, the universal values ??are determined as priority. Thus, in the preamble of the Constitution of the Pridnestrovskaia Moldavskaia Respublika adherence to the universal values, aspiration to live in peace with all peoples according to the conventional principles and norms of the international law is proved., Characteristics of the region aspiring to independence in the framework of the stable functioning of the unrecognized state meets all other theoretical and legal parameters of the state and the law! But the conclusions from the report of the Bureau of lawyers of New York, concerning the situation in region of Moldova and Pridnestrovie contradict it. One of its authors, K. Borgen, has noted, that the region of Pridnestrovie does not comprise enough convincing elements to assert about his right to self-determination or determination [3]. However, the given judgments allow to doubt of absence of enough convincing elements .the aspiration of the region to independence is expressed in the open opposition of the sides of the conflict (the central authority of mother country and the region aspiring to self-determination) on the question on belonging of the supremacy of the power on the territory of such region. And the participants of the conflict can frequently not recognize existence of each other or recognize with clauses that assumes negotiating or consultations with participation of intermediaries or through the later in general.object of the sessecional conflict is the supremacy of the power on the territory leaving or left from under jurisdiction of mother country raquo ;. Thus it is necessary to start with the requirement of indivisibility of the resource acting as the object of the conflict. In this case claims on the supremacy of the power of the region aspiring to self-determination are inherent both to the territory, and to the central authority. And recognition by any side of divisibility of the specified resource leads to attenuation or full termination of the conflict. The analysis of the modern political situation shows, that belonging of the power represents itself as the object of the conflict after real actions of the subjects directed to its legal assignment, force gain and political deduction.side of the considered conflict is the political structure supervising territory aspiring to the sovereignty, and the other side is the central authority. It is typical, that from positions of the conflictological the analysis (as against legal) it does not play any role whether the sides recognize existence of each other. Thus, the character of the interest of the sides is directly opposite and can be achieved extremely due to the opponent. In case it does not happen, the conflict attenuates and subsequently stops (Gagauzia, the Chechen Republic) .third element of the conflict is environment. In the geopolitical sphere it is characterized by the concrete arrangement of the political forces stimulating development of the conflict or, on the contrary, supporting its termination, and besides by non-uniformity of distribution of ethnically or politically homogeneous population on the te...


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