THE RIGHT TO SELF-DETERMINATION OF NATIONAL MINORITIES: CONSTITUTIONAL LAW NATURE AND FEATURES OF IMPLEMENTATION
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the study of the conceptual aspects of determining the right to self-determination of national minorities in the science of constitutional law. It is alleged that in modern constitutions reflected some conceptual approaches to the subject composition of national minorities requires their comprehensive review and scientific analysis in terms of contemporary processes of European integration in interstate implementation of universally accepted standards, principles and norms of human rights, citizen and social groups. At the present stage, despite the adopted constitutional legal acts, on the one hand, we still do not have a coherent concept for the development of the Ukrainian state, with a focus on the qualitative characteristics of the Ukrainian people, its mentality, and do not take into account the mentality and interests of national minorities. On the other hand, the concept of ethno-national factor, conceptual development of ethno-national problems and a holistic approach to their solution have not yet been created. That is why the profound and radical changes taking place in all spheres of political and legal life of modern Ukrainian society do not yet fit into the traditional concept of a political and legal system, and therefore there is an urgent need to find a new paradigm for the development of such systems. Such a paradigm of the constitutional and legal status of national minorities in the current conditions of legal globalization, in our opinion, must be based, first of all, on the fundamental principles of self-organization, which are quite effective in explaining different systems, including the fact that self-organization in systems of different levels has its own specific specifics. Thus, the desire for autonomy and national self-determination of peoples and nations is a fulfilled fact and they must and can be taken into account and realized in various forms of sovereignty within the existing state. Ultimately, in the process of sovereignty, national, national and state sovereignty are realized. However, all these sovereignties are organically linked and closely intertwined. If in a monotheistic state all three sovereignties coincide, then in a polyethnic state their ratio is rather complicated. In other words, national and state sovereignty, in essence, are various forms of manifestation of popular sovereignty: the first reflects its ethnic organization, and the second – the state.
Authors and Affiliations
Дмитро Ілліч Карп
Keywords
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