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





itution of the Pridnestrovskaia Moldavskaia Respublika stipulates rights and freedoms of a person in connection with religion and guarantees freedom of worship. Each person shall have the right to profess any religion or to not profess any religion, and compulsory spreading of religion shall be inadmissible [4]. We specify that the corresponding rights and freedoms are guaranteed by the Constitution to each person both to the citizens of the Pridnestrovskaia Moldavskaia Respublika, and to the foreigners, persons without citizenship, residing on the territory of the republic. Third, the Constitution forbids application of the religious factor for complication of relations among people. Part Three Article 8 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika forbids activity of public formations, their organs and representatives, directed against the sovereignty of the Republic, to the violent change of the fundamentals to the constitutional system, to undermining safety of the state, to creation of illegal armed units, to kindling racial, national and religious break [5]. And Part One Article 27 of the Constitution guarantees each person freedom of thought and freedom of speech [6]. We have mentioned only the articles directly reading about religion, however, religious rights and freedoms are provided by other legal acts stated in the Constitution.is necessary to note, that the Law of the Pridnestrovskaia Moldavskaia Respublika About freedom of worship and religious organizations raquo ; [7] was adopted in 1 995, it concretizes the constitutional regulations about the right to freedom of worship and equality of the citizens, irrespective of their attitude to the religion, and specifies some aspects of mutual relations between the state and the church in view of democratic processes happening in the society.a matter of fact, the idea of ??the lawful state adopted in Russia in 1990s, is its next mobilization idea. At various time for decision of the system problems of the Russian state there have been put forward different ideas, for example, about the necessity of development of the Russian empire, realization of the socialist revolution, about finishing of construction of the people s state , etc. The lawful state as the idea as against others of the similar concepts is universe directed to maintenance of Russia s joining the number of the countries realizing human rights. Its task is to transform the Russian state into the political organization in which division of the powers is realized and the independent judicial power functions., Each state builds the lawful state according to the own conditions. At the same time the process has common features. The author of reviewed work, specifing experience of other countries in development of legal statehood, points out the role of the constitutional legality in this process. Actually it justifies that the first chapter of the monography is devoted to the questions of development of the constitutional control in different political systems, including in the USA, Austria, Germany, France, Japan, etc.on the works of MA Mityukov and other researchers, the author shows steps of development of the importance of the constitutional regulation in the Russian empire, in the Soviet Union and in the Soviet republics. Simultaneously he traces the development of idea of ??the lawful state. He has collected the material showing gradual application in the practice of domestic state-legal development of some beginnings of the constitutional justice.Yu.V. considers that the real break in the regulation of questions of the lawful state and constitutional justice is the Constitution of the Russian Federation, the Federal Constitutional Law About judicial system of the Russian Federation raquo ;, constitutions of the republics of the Russian Federation, charters of the subjects of the Russian Federation, the Federal Constitutional Law About the Constitutional Court of the Russian Federation raquo ;, laws of the subjects on organization and activity of organs of the constitutional control in the subjects of the Federation.Constitution of the Russian Federation and constituent documents of the subjects of the Federation, in unity, fix legal statehood as the system idea of ??development of the home political system. According to the features of time by generalization of experience of a number of other countries in them the legal statehood is affirmed as the national idea, called to transform traditional relations developed both in the Russian Federation and its subjects, and in the state, society and mutual relations between the subjects of the law.against other constitutions the Fundamental Law of the Russian Federation establishes methodological, theoretic-political, state-legal, moral-ideological, social and economic, organizational-technical preconditions of development of the legal statehood. Comprehensively is proved the necessity o...


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