STATE-TERRITORIAL ORGANIZATION OF THE CONFEDERATION IN THE COMPARATIVE CHARACTERISTICS OF MODELS OF THE FEDERATIVE AND CONFEDERATIVE STATES
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article presents a comparative and analytical characteristic of theoretical models of federative and confederative forms of state-territorial organization, found their similarity with quantitative differences, find the integrative content of state sovereignty and the peculiarities of the legal personality of the confederation, revealed the derivative nature and formulated the definition of the confederativestate, substantiated it perspective sinan cooperative-integrated world. Typically, a federal or confederal state formed by the union pact. The subjects of the federation irrevocably passed to the supreme authority of the federal center, they are inherent in sovereign competence, and not sovereignty. Founding members of the confederation delegate them to the union organs on the principle of coordination, self-limiting the sovereign competens and preserving the ability to restore the sovereignty. Founding members of the Confederation establish and maintain a balance of centripetal and centrifugal tendencies, in federations dominated by centripetal. But in both these forms integrative sovereignty acts, jointly created and provided by the subjects and the union state. In international relations, the confederation is the sole derivative of a state-subject exercising together with its founders coherent and joint foreign policy. In the relationship between the federal organs and organs of subjects of federation dominated by the principle of subordination. In confederations – the principle of coordination in the relations of the confederal center with subjects-the founders; the equivalence principle of legal equality of subjects of confederation among themselves and with confederal center; the principle of coincidence is the creation of shared sovereignty a combination of sovereignties of the states-the founders. The confederal parliament is not elected, but formed by representative organs of subjects-the founders, of the house of representatives in bicameral federal parliaments are formed by subjects as elections, and a delegation of regional representatives. Federal constitutional law, generally, does not include the right to secession of subjects. The right to secession of the subjects-the founders of the confederation may not be realized if it is contrary to the essential interests of other subjects. Subjects of the Federation, in contrast to the founders of confederation, were denied the right of nullification of acts of the federal/union law-making, but agree on legislative positions with the Federal center in the federal parliament. The confederal center coordinates the lawmaking of the founding subjects. Territorial militias subjects of the Federation are subordinate to regional authorities and Federal Agencies. Military formations of subjects-the founders in peacetime are subordinate to the relevant actors and the Union on defense and in wartime they are guided only allied command. Citizenship in the federation is two-level and cross-cutting. In a сonfederation, the citizens of subjects-the founders is competent to move freely in the union space to live and operate on the territories of each other. The confederation can be not only a temporary alliance of sovereign states for the achievement of common political, economic and military goals, but also a polisubject integrated-sovereign consolidated derivative state with a complex form of balanced, decentralized state-territorial organization.
Authors and Affiliations
Л. С. , Гамбург
Keywords
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