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Реферат Modern problems and prospects of development of local self-management in Ukraine





man of Palestinian national administration appointed the commission on development of the constitution headed by the British-Palestinian lawyer (barrister) Anis al-Kasem. By December, 2000 the first project of the constitution has been developed and was published in February, 2001. At the final stage the Head of the constitutional commission comprising 12 members was appointed minister of planning of Palestinian national administration Nabil Al-Shaat, the subcommittee on development of the project of the constitution was headed by Professor Ahmad Mubarak Al-Halidi, and as advisers were appointed professors Entoni Bradley and Kate Patchet (Great Britain), Pierre Villanova (Spain), Natan Brown (USA) .July, +2002 J.Arafat signed the project of the constitution. According to the Minister of Justice of Palestinian national administration Ibragim Dahme, the given law determines the organization of authority in the Palestinian autonomy and will carry out the role of the constitution up to establishment of the Palestinian state. The initial text of the constitution comprised 112 articles, and after numerous processing its volume has increased almost twice.One of the Constitution of Palestine contains the norms determining fundamentals of the constitutional system. Article 1 characterizes the State of Palestine as the independent sovereign republic. Its territory shall be complete, shall not be subjected to division and shall be based on the borders of June 4, 1967, without infringement of the rights of Palestine guaranteed by decisions of the international community. All inhabitants of the given territory will submit only to the Palestinian constitution raquo ;. The republican form of government was not the subject of discussions as against the problem of the Palestinian borders. In particular, on January 22, 2003 the newspaper Al-Aiam issued by the Palestinian national administration suggested in the given Article of the constitution not to specify the borders of 1967, and the position of the newspaper Al-Haiat issued on February 3, 2003 in London was similar. The constitutional fixing of the similar borders at once shall be the basis for territorial dispute with the neighboring Israel and confrontation with it.is the constituent part of the Arabic nation. Article 2 says that the State of Palestine follows the charter of the League of the Arabian countries. The Palestinian people are the part of Arabian and Islamic peoples. Uniting of Arabs is the purpose whose achievement is aspired by the Palestinian people raquo ;. The constitution reflected ideology of the Arabic unity of the last fifty years, reflected in the constitutional establishments of times of the Egyptian President GANaser (the United Arabian Republic), activities of the Party of the Arabian socialist revival - BААS in the number of the Arabian countries, etc. In the researched fundamental law there have been shown the primate Al -Umma (the Arabian community) over the state sovereignty. Utopianism of the given constitutional idea is shown as in deep distinctions of the form of the state of the Arabian countries (Saudi Arabia, Egypt, Libyan, Algeria, etc.), and in contradictions of ethno religious plan of the Arabian world (Sunits, Shiites, etc.). fundamentals of foreign policy of the future state are stipulated in Article 3 in which Palestine is characterized as the state wishing peace and condemning terror, occupation and aggression, calling for the decision of regional and international problems peacefully and proclaims fidelity to the Charter of the United Nations Organization. The given norm has rather declarative character as the majority of the Palestinian organizations show unavailability to refuse terrorist methods of achievement of their purposes and inability to solve regional problems of Middle East peacefully. It refers to FATCH, Brigades of martyrs Al-Aks raquo ;, and HAMAS having at present the government of the autonomy.4 of the constitution proclaiming Jerusalem as the capital of Palestine and the residence of its authorities, directly contradicts Article 1 of the Fundamental Law of Israel about the capital of the state which says that Jerusalem shall be the uniform and indivisible capital of Israel raquo ;. Presence of claims for one and the same capital in the constitutional acts of the neighboring states comprises the basis of the future political and territorial conflicts. Extremely negotiations about the status of Jerusalem with participation of the four international intermediaries, including the Russian Federation, are capable to solve the problem on the capital of the future state adequately.Arabian language and Islam are recognized by the constitution as official Palestinian language and religion. Regulation of Article 5 saying that it is necessary to respect equally Christianity and others monotheistic religions contradicts stipulation of the given article that the constitution ...


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