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Category of Sovereignty: A Constructive Approach

https://doi.org/10.17803/2542-2472.2023.28.4.010-014

Abstract

Sovereignization has become a trend (process), and sovereignty is an important result of this trend. Based on the constructive and productive approach, the author has examined the sources and the producer producing sovereignty as a product. Under the Constitution of the Russian Federation, the multinational people is the bearer of sovereignty and the source of power. Therefore, the people, as a producing subject, produces a power subject that ensures the sovereignty of the people as its bearer and the state as a whole, in the form of inviolability (ensuring security), independence (supremacy of power and national legislation) and self-sufficiency (the ability to independently produce critically important products). The space of national sovereignty is formed based on the legal force of legal documents as sources of the legal environment within the boundaries of the existence of this environment. Since the legal space intersects with the actual space, legal forces indirectly affect the actual forces that can directly affect persons who have committed unlawful and/or illegal acts. Sovereignization implies the movement of a legal entity to ensuring its sovereignty. Sovereignization is not opposed to globalization and/or localization, but should be considered as a component of their optimal combination. Modern sovereignty arises not only on the territory, but in the space of a certain subject area, in particular, due to the presence in such an area of at least one center of power, because the space of the area is produced by the forces of the producer in the form of at least one subject (center of power). Localization means localization, rather than isolation, of modern tools in the territories of less developed countries to equalize their level of development, in particular, to increase the depth of resource processing. In this regard, sustainable development can be understood as dynamically balanced development (qualitative movement (transition, transduction)) of all subjects, which can be achieved through their sovereignty, including states, on an equal, reciprocal and fair basis.

About the Author

A. V. Nesterov
Russian Federal Center for Forensic Examination
Russian Federation

Anatoliy V. Nesterov, Dr. Sci. (Law), Cand. Sci. (Technical Sciences), Professor, Chief Researcher

13/2, Khokhlovskiy Lane, 109028 Moscow 



References

1. Schmitt K. Political theology. Four chapters on the doctrine of sovereignty. Collection. Closing article by A. Filippova. Moscow: Kanon-Press-C Publ.; 2000. (In Russ.).


Review

For citations:


Nesterov A.V. Category of Sovereignty: A Constructive Approach. Russian Law Online. 2023;(4):10-14. (In Russ.) https://doi.org/10.17803/2542-2472.2023.28.4.010-014

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ISSN 2542-2472 (Online)