Bartsits A.L.
The peculiarities of definition of the parties of the right to self-determination
// Administrative and municipal law.
2015. № 5.
P. 427-435.
DOI: 10.7256/2454-0595.2015.5.14951 URL: https://en.nbpublish.com/library_read_article.php?id=14951
Особенности определения субъектного состава права народов (наций) на самоопределение
Bartsits Anri L'vovich
Postgraduate Student at Moscow State Juridical University, Department of Constitutional and Municipal Law
125239, Russia, Moscow, ul. Sadovaya-Kudrinskaya, 9
Abstract: The subject of the research includes constitutional legal and international legal standards regulating the basic principle of the right of people (nations) to self-determination in the process of political and legal implementation of this principle. The object of the research includes the subjects of public relations appearing in the process of implementation of a self-determination principle. The author considers such parties of the right to self-determination as ethnos, race, nation and people. The author offers his own definitions of the notions “people” and “nation”. Special attention is paid to the question of legal personality of peoples and nations. The methodology of the research is based on the general scientific and the special methods of cognition, including the logical method, analysis and synthesis, the system-structural method and others. The novelty of the research lies in the fact that it contains a complex analysis and a theoretical interpretation of the urgent and unstudied issues of definition of the parties of the right to self-determination and offers the ways of enforcement of constitutional recognition of this right. The practical importance of the research lies in the fact that the formulated theoretical propositions and scientific conclusions are directed at the development of scientific knowledge about the legal nature, the essence, and the peculiarities of the parties of the right to self-determination; the study can serve a base for a further scientific research in this sphere. The results of the research can be used for education, lectures, seminars and practical studies of students of law. The main conclusion of the research is the conception that the right to self-determination should belong to the people. The people is the basic party of this right, but this fact doesn’t preclude the possibility of realization of this right by other enumerated parties.
