State sovereignty. Management organization culture

Consideration of sovereignty as a basic constitutional principles of state law (for example, the countries - members of the Commonwealth of Independent States). Legislative support in Ukraine national development in the socio-cultural (spiritual) sphere.

Рубрика Государство и право
Вид реферат
Язык английский
Дата добавления 13.02.2015
Размер файла 20,1 K

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Abstract work

1. Sovereignty as major constitutionally legal principle of statehood (on the example of the countries - members of the CIS)

Modern historical period is characterized by a hard process of development of a new legal system of the countries of CIS in modern conditions of their independent development. And it is happening on the background of transformation of the Soviet legal system and addition of new integration processes in the field of the law.

National legal jurisprudence of the states - members of the Commonwealth face the task of research of integration processes within the framework of the CIS, of practice of state development and tendencies of development of the constitutional legislation of these states. Within the framework of our research we have decided to analyze the constitutional fastening in the countries of CIS of such major principle of statehood, as the sovereignty. Despite the long time development by lawyers of the category "sovereignty", the theory of the sovereignty still requires judgement and concrete definition. It is connected with the fact that each epoch puts new questions before lawyers, and the destiny of the state, and its existence sometimes depends on the answer to the given question.

All the countries of CIS, being based on the inalienable law to self-determination, proclaim themselves as sovereign states. Thus, Article 1 of the Constitution of the Russian Federation reads: "The Russian Federation shall be a democratic, federative, lawful state with the republican form of government", and Article 4 reads: "The sovereignty of the Russian Federation is distributed to the entire territory of the state". Article 1 of the Constitution of Republic of Moldova proclaims, that "Republic Moldova shall be a sovereign and independent, uniform and indivisible state". Constitution of Kyrghyz Republic stipulates that: "the sovereignty of Kyrgyz Republic shall not be limited and distributed on the entire territory. Protection of the sovereignty and independence shall be assigned to the President of the Republic and the Armed Forces of the state". Constitution of Turkmenistan guarantees supremacy and completeness of state power on the entire territory. "The state sovereignty and the territory of Turkmenistan shall be uniform and indivisible" (Article 1). The state shall be responsible for protection of independence and territorial integrity of the country, protection of the constitutional system, maintenance of legality and social order [1].

The state sovereignty shall be expressed both in the internal political, and in its foreign policy relations. Constitutions of the countries of CIS assign to republics the status of the complete subject of international relations. Foreign policy of the countries of CIS proceeds from the principles of sovereign equality of the states, non-use of force or threat by force, indestructibility of borders, peaceful settlement of disputes, non-interference into internal affairs of other countries and other conventional principles and norms of the international law.

Each republic can conclude unions, join the Commonwealth and other interstate organizations, and besides can freely leave them, being guided by the supreme interests of the state, people, its well-being and safety.

Constitutions of the countries of CIS fix the form of their state system. The majority of the countries of CIS are unitary states with independent inclusions (Azerbaijan, Georgia, Tajikistan, Uzbekistan, Ukraine), or without them (Armenia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan). Thus, according to the Constitution of Republic of Azerbaijan "People of Azerbaijan shall form the independent secular democratic unitary state whose sovereign power in internal policy shall be limited only by the law, and in foreign policy shall be limited solely by regulations proceeding from contracts and agreements at which the people of Azerbaijan have freely expressed consent. The sovereignty of Republic of Azerbaijan shall be indivisible and distributed on the entire territory" (Article 72). Constitution shall determine the status of Nakhichevan Autonomous Republic as an integral part of Azerbaijan (Article 79). Constitution of Kazakhstan declares the Republic the democratic, secular and unitary state. Kyrgyzstan declares itself the sovereign unitary democratic Republic developed on the basis of the legal secular state (Article 1) [2].

Only Russia preserves the federative form of state system. Federalism as the principle of political-territorial construction, the form of territorial democracy, self-determination and self-management of the peoples including Russia shall be the constant basis of its constitutional system. Russia shall be the uniform, but complex state by its internal structure.

The major feature of modern Russian federalism shall be recognition of equality of the subjects of the federation conditioned by equality of peoples, historically united on the territory of Russia.

The main goal of the federative system of Russia is preservation of state integrity, unity of system of government, rational division of subjects of conducting and powers between the organs of the government of the federation and its subjects.

It is necessary to note, that the primary form of national self-determination in the countries of the CIS still remains territorial autonomy though in mutual relations of the center and autonomous units, rather essential changes there happen. Thus, Republic of Azerbaijan still recognizes the firm status of Nagorno-Karabakh autonomous region and the Nakhichevan Autonomous Republic though Nagorno-Karabakh has repeatedly put the question about recognition of the state independence. According to the Constitution of Republic of Tajikistan Nagorno - Badakhshanskaya autonomous region in the structure of the republic is considered not as the form of territorial autonomy, but as an administrative and territorial unit (Part 2 Article 7). Ukraine has recognized the status of autonomous republic for the Crimea. The status of Republic of Crimea is determined by the Constitution of Ukraine (Chapter 7) and the Constitution of Republic of Crimea. Ukraine considers the Crimean Autonomous republic, its integral part and gives it the right to solve independently the questions of its conducting. In its turn, Republic of Crimea declares itself the sovereign state in the structure of Ukraine. Its Constitution reads: "The barrier of sovereignty and the unique source of state power shall be the people made of the citizens of all nationalities of Republic of Crimea". (Article 2). The Constitution of Republic of Crimea provides contractual character of relations with Ukraine. It stipulates the norm that "Republic of Crimea shall be included into the state of Ukraine and shall determine their mutual relations on the basis of the Treaty and Agreements" (Article 9). Republic of Crimea according to its Constitution, shall independently form relations with other states and organizations, shall realize on the basis of treaties and agreements mutually advantageous cooperation with them in economy, culture, health services, education, science and other spheres; shall form its mutual relations with them on the basis of equality, respect of the sovereignty, territorial integrity, non-interference into internal affairs, sanction of disputes exclusively peacefully, diligent performance of mutual obligations (Article 10). Naturally, Ukraine does not recognize complete independence of Republic of Crimea [3].

Uzbekistan has recognized the sovereign character of state power of Republic of Karakalpakstan being its part. "The sovereignty of Republic of Karakalpakstan shall be protected by Republic of Uzbekistan" (Article 70 of the Constitution of Republic of Uzbekistan). Republic of Karakalpakstan has the right of secession of Uzbekistan on the basis of the uniform referendum of the people of Karakalpakstan (Article 74). However it is subjected to confirmation by the supreme organ of the state power of Republic of Uzbekistanh - Oliy Mazhlis (item 5 Article 77 of the Constitution of Republic of Uzbekistan) [4]. It is provided, that relations of Republic of Uzbekistan and Karakalpakstan shall be regulated by treeties and agreements between them within the framework of Constitution.

Actually formed Gagauz Republic has been struggling for legal recognition of the status of the sovereign republic in the structure of Moldova. The self-proclaimed Pridnestrovskaia Moldavskaia Respublika demands not only legal recognition, but establishment of confederative relations with Republic of Moldova. Moldova steps against giving political status to Gagauziya and Pridnestrovie and demands, that the problems of eastern regions of republic should be solved within the framework of the law about local self-management. These questions are stipulated in the Constitution of Moldova (Article 111) [5].

Practically all constitutions of the countries of the CIS reflect the idea of national statehood. Thus the Constitution of Republic of Kazakhstan confirms adherence to "the idea of national statehood", proceeds from "firmness of the Kazakh statehood", considers Kazakhstan "as the form of statehood of the Kazakh nation who has gained its independence" (item 1 Section "Fundamentals of the constitutional system"). Simultaneously with the recognition of the priority of the so-called "native" nation it is confirmed that Kazakhstan "provides equal rights to all the citizens". Constitution of Republic of Uzbekistan is based on historical experience of development of the Uzbek statehood [6].

Emphasizing the priority of the native nation, the majority of the countries of the CIS in Declaration on the state sovereignty and in constitutions apply broad treatment of the concept "people", identifying it with the population of the republic. Thus, Constitution (Fundamental Law) of Azerbaijan Republic in Article 1 treats people of Azerbaijan as "all the citizens of Republic of Azerbaijan residing on the territory of Republic of Azerbaijan and outside, considered as subject to the Azerbaijan state and its laws". The preamble of Constitution of Kirghiz Republic reads, that "the people of Kyrgyzstan, aspiring to provide national revival of Kyrgyz nation, protection and development of interests of representatives of all nationalities forming together with Kyrgyz people of Kyrgyzstan", proclaiming adherence to "moral values of national traditions", adopts its Constitution. Very precise formulation is given in Constitution of Republic of Tadjikistan: "People of Tajikistan comprise the citizens of Republic of Tajikistan irrespective of their nationality" (Article 6) [7].

People in the countries of the CIS are the barrier of the sovereignty and the unique source of power. Thus, the Constitution of the Russian Federation proclaims, that "the barrier of the sovereignty and the unique source of power in the Russian Federation shall be its multinational people". The state considers one of its primary goals protection of national values and interests, strengthening of the sovereignty of people.

The countries of the CIS, willing to promote preservation and development of ethnic, cultural, language and religious originality of national minorities living on its territory and developed unique ethno cultural regions, incur the certain obligations on protection of rights and national minorities, proceeding from international legal acts. Each state of the Commonwealth guarantees all nationalities residing on the territory of the republic, the right to free national - cultural development.

Constitutions of the countries of the CIS guarantee and recognize national identity, continuity of culture, encourage display of national consciousness and self-expression. They stipulate the right to determine freely the nationality, to use the native language, the interdiction of the insult of national dignity. They fix any direct or indirect restriction of rights, establishment of direct or indirect advantages of the citizens on racial, national attributes, and also propagation of racial or national exclusiveness, enmity or neglect.

Thus, the state shall regulate the status of national minorities and small peoples, provides protection, preservation and use of their native language, natural inhabitancy.

In conclusion, it is possible to ascertain, that the idea of the state sovereignty in its parity with people and national sovereignty has got its detailed enough regulation in Constitutions of the countries - members of the CIS.

2. Legislative maintenance in Ukraine of the state development in welfare (spiritual) sphere

Welfare (spiritual) activity of the Ukrainian state is the complex and many-sided sphere of the public life. Therefore it is completely fair that the fundamental functions of the government by welfare (spiritual) sphere is organization of vocational training of workers for branches of economy , care about next generation; preservation and augmentation of cultural property; organization of rest, leisure of the population; creation of favorable conditions for conditions for scientific tourists and sports activities, etc.

After more than 15 years of independence the Ukrainian state has the certain achievements in welfare (spiritual) sphere: transition to the new structure, term and contents of training, assistance in development of the gifted youth, definition of priority directions of development of the domestic science, revival of culture, art and tourism.

The prominent feature of the welfare sphere is that it is connected not only with material assets, but also substantially with spiritual needs of the citizens. The legislation in the given sphere is called to provide aesthetic and moral education of the person, his training, satisfaction of welfare needs.

The legislation is the important means of realization of the state policy in the sphere of welfare (spiritual) development. On the subject and orientation of legal regulation the legislation in the given sphere is subdivided into separate sub branches: the legislation on education, science, culture, tourism. The significant attention is allocated to development and improvement of the legislation regulating many-sided public relations in the given sphere.

Legal regulation in the welfare sphere is directed to fixing of the major beginnings, principles of organization and activity of bodies of the state (the Supreme Rada, the President, the Cabinet of Ministers); improvement of the system of organs of management (central and local); optimum distribution of the competence among the subjects (bodies of general and branch competence, among their different branches, bodies of local self-management); improvement of procedural work of administration personnel, procedure of realization of tasks and functions assigned on them.

In the Concept of development of the legislation of Ukraine developed by the Institute of state and law named after V.M. Koretsky of National Academy of Sciences of Ukraine it is stipulated, in particular, that development of the legislation should be realized relatively: а) traditional branches and institutes of law; b) spheres of public activity covered by complex branches of the legislation; c) major directions of activity (functions) of the state [1]. Proceeding from this the legislation, in particular, should be perfected and developed in separate spheres of spiritual life of the society - educations, science, culture, language, religion, publishing, library, museum, archive, protection of monuments of history and culture, etc..

Despite the social-legal importance, the problem of perfection of statutory-legal base of welfare development in Ukraine has not still received due attention in researches of scientists -jurists. The analysis of development of the legislation in the given sphere is submitted by separate articles, fragments of monographic works, textbooks [2]. Recently there have been undertaken dissertational researches of legislative maintenance of separate branches of welfare development [3].

In modern conditions of the state development in Ukraine complex research condition and prospects of development of the legislation in socially-cultural (spiritual) sphere, gets special value.

Extremely important "element" in the legal basis of the independent Ukrainian state has become the adopted on May, 23, 1991 law "About education", regulating public relations in the sphere of education, training, professional, scientific preparation of citizens. It can be considered the original "constitution" of education.

On February 10, 1998 the Supreme Rada of Ukraine has passed the Law of Ukraine "About vocational training". The given Law determines legal, organizational and financial bases of functioning and development of the system of vocational training, creation of conditions for professional self-realization of the person and maintenance of needs of the society and the state in skilled workers.

On May 13, 1999 the Supreme Rada passed the Law of Ukraine "About general secondary education". The given Law determines legal, organizational and financial bases of functioning and development of the system of general education which assists free development of the human person, forms values of the legal democratic society in Ukraine.

In 2000 the Law of Ukraine "About extra school education" was adopted

On July 11, 2001 the Supreme Rada passed the Law of Ukraine "About preschool education", determining legal, organizational and financial bases of functioning and development of the system of preschool education providing development, education and training of the child, based on association of family and public education, achievements of the domestic science, properties of the world pedagogical experience, assisting in formation of values of the democratic legal society in Ukraine.

On January 17, 2001 the Supreme Rada passed the Law of Ukraine "About higher education". The given Law is directed to settlement of public relations in the sphere of training education, vocational training of the citizens of Ukraine. It establishes legal, organizational, financial and other bases of functioning of the system of higher education, creates conditions for self-realization of the person, maintenance of needs of the society and the state in the skilled workers.

Creation of the independent Ukrainian state has put qualitatively new goals before administration of science. There has appeared the great need of advancing of the system and structure of the state and public bodies of management by it, organizations of scientific researches, increase of an efficiency of scientific research.

Adoption on December 13, 1991 of the law "About fundamentals of state policy in the sphere of science and scientific and technical activity" in Ukraine started the process of creation of legal bases of the state policy in the sphere of science and scientific and technical activity. The given Law determines legal, organizational and financial bases of functioning and development of scientific and technical activity, maintenance of needs of the society and state in technological development.

Nowadays the given Law acts in the wording from December 1, 1998 as the Law of Ukraine "About scientific and scientific-technical activity".

On June 25, 1993 the Supreme Rada of Ukraine passed the Law "About the scientific and technical information".

The given Law determines the fundamentals of the state policy in the sphere of scientific and technical information, the order of its formation and realization in the interests of scientific and technical, economic and social progress of the country. The purpose of the Law is creation in Ukraine of legal base for reception and application of scientific and technical information.

On February, 10, 1995 the Supreme Rada of Ukraine passed the Law of Ukraine "About scientific and scientific and technical examination" which has determined legal, organizational and financial fundamentals of expert activity in the scientific and technical sphere, and has determined the general bases and principles of regulation of public relations in the sphere of organization and carrying out of scientific and scientific and technical examination for the purpose of maintenance of the scientific substantiation of structure and contents of the priority directions of development of science and technique, scientific, scientific and technical, social and economic, ecological programs and projects, determination of directions of scientific and technical activity, analysis and estimation of efficiency of application of scientific and technical potential, results of research.

Till 1992 the legislation of Ukraine on the questions of culture has not had the uniform basic system act. It contained the set rather isolated from the concrete contents of basically branch statutory acts regulating activity of subjects and objects of management in the sphere of art, cultural and educational work, cinematography, TV and radio broadcasting, publishing, etc.

On February 14, 1992 the Supreme Rada of Ukraine passed "The fundamentals of the legislation of Ukraine about culture" which determine legal, economic, social, organizational fundamentals of development of culture in Ukraine, regulate public relations in the sphere of creation, distribution, preservation and application of cultural values and are directed on realization of the sovereign rights of Ukraine in the sphere of culture; revival and development of culture of the Ukrainian nation and cultures of national minorities residing on the territory of Ukraine; maintenance of freedom, creativity, free development of cultural-art processes; professional and amateur art creativity; realization of rights of the citizens to access to cultural values; social protection of art workers; creation of material and financial conditions of development of culture.

On November 16, 1992 the Supreme Rada of Ukraine passed the Law of Ukraine "About printed mass media (press) in Ukraine", determining legal fundamentals of printed mass media (press) in Ukraine establishing the state guarantees of their freedom according to the Constitution of Ukraine, to the Law of Ukraine "About information" and other acts of the current legislation and according to international legal documents recognized as Ukraine.

On December, 21, 1993 the Supreme Rada of Ukraine passed the Law of Ukraine "About TV and radio broadcasting" (the new wording - 2006).

The given Law, according to the Law of Ukraine "About information", regulates activity of TV and radio organizations on the territory of Ukraine, determines legal, economic, social, organizational conditions of their functioning directed to realization of freedom of speech, of the rights of the citizens to reception of full, true and operative information, to open and free discussion of public issues.

On December 24, 1993 the Supreme Rada of Ukraine passed the Law of Ukraine "About the National archive fund and archive establishments" (from December 13, 2001 in the new wording), regulating the public relations connected with formation, the account, preservation and application of National archive fund, and other basic questions of activity of archive establishments.

On January 27, 1995 the Supreme Rada of Ukraine passed the Law of Ukraine "About library" (from March 16, 2000 in the new wording).

The given Law determines the status of library, legal and organizational fundamentals of activity of libraries and its activity in Ukraine, guarantees the right to free access of information, knowledge, attraction to values of national and world culture, science and education stored in libraries.

On February 28, 1995 the Supreme Rada of Ukraine passed the Law of Ukraine "About news agencies".

The given Law according to the Constitution of Ukraine, other laws of Ukraine and international legal documents fixes legal fundamentals of activity in Ukraine of news agencies and their international cooperation.

On June 29, 1995 the Supreme Rada of Ukraine passed the Law of Ukraine "About museums".

The given Law regulates the public relations in the sphere of a museum affair, establishes legal, economic, social bases of scientific acquisition, studying, preservation and application of nature sanctuaries, material and spiritual culture, activity of museum establishments in Ukraine.

On June, 5, 1995 the Supreme Rada of Ukraine passed the Law of Ukraine "About publishing", determining the genera fundamentals of the publishing, regulating the order and realization and organization of publishing activity, distribution of publishing issues, conditions of mutual relations and functioning of subjects of the publishing. It is also called to assist national-cultural development of the Ukrainian people, of the citizens of Ukraine of all nationalities, statement of their spirituality and morality, access of members of the society to the universal values, protection of rights and interests of authors, publishers, manufacturers, distributors and consumers of publishing production.

On March, 6, 1993 the Supreme Rada of Ukraine passed the Law of Ukraine "About state support of the publishing affair in Ukraine", directed to overcoming of the crisis in the domestic book publishing and creation of favorable conditions for its development.

On July, 19, 1997 the Supreme Rada of Ukraine passed the Law of Ukraine "About the system of Public TV and radio broadcasting of Ukraine". In the preamble of the given Law it is specified, that for the purpose of all-round satisfaction of needs of the society in the operative information and maintenance of pluralistic character of broadcasting, taking into account national traditions, moral-ethical principles of the Ukrainian people, there should be created the system of Public TV and radio broadcasting of Ukraine (further - Public TV-radio broadcasting). It functions according to the Constitution of Ukraine, the Law of Ukraine "About information", the Law of Ukraine "About TV and radio broadcasting", other laws regulating activity television and radio organization as subjects of information and economic activities, and according to the Law "About system of Public TV and broadcasting in Ukraine".

In 1997 the Supreme Rada of Ukraine passed the Law of Ukraine "About National council of Ukraine on questions of TV and radio broadcasting" (from March 3, 2005 in the new wording), determining the legal principles of activity of the National Council of Ukraine on questions of TV and radio broadcasting as of special observant and regulating state body in the sphere of TV-radio broadcasting.

On January 13, 1998 the Supreme Rada of Ukraine passed the Law of Ukraine "About cinematography", determining the legal fundamentals of activity in the sphere of cinematography and regulating the public relations connected with production, distribution, preservation and demonstration of films.

On September 21, 1999 the Supreme Rada of Ukraine passed the Law of Ukraine "About export, import and return of cultural values".

The given Law regulates relations connected with export, import and returns of cultural values, and is directed to protection of national cultural heritage and development of the international cooperation of Ukraine in the sphere of culture.

Action of the given Law is not distributed to modern souvenir products, things of cultural assignment of serial and mass production.

On June 8, 2000 the Supreme Rada of Ukraine passed the Law of Ukraine "About protection of cultural heritage".

The given Law regulates legal, organizational, social and economic relations in sphere of protection of a cultural heritage with the purpose of its preservation, use of objects of a cultural heritage in public life, protection of traditional character of environment in the interests of present and future generations. Objects of cultural heritage on the territory of Ukraine are protected by the state.

The law of Ukraine from March 3, 2005 confirms "The Concept of the state policy in the sphere of culture for the years of 2005-2007". This Concept analyzes modern condition of culture in Ukraine, determines goals, priority tasks and principles of the state policy in the sphere of culture for the years of 2005-2007, and besides strategic directions, mechanisms of its realization and expected results. The overall objective of realization of the Concept should become the statement of cultural development by one of the key parameters of social and economic development of Ukraine and its separate regions.

On May 31, 2005 the Supreme Rada of Ukraine passed the Law of Ukraine "About theatres". This Law regulates public relations in sphere of theatrical affair, arising in connection with creation, public performance and public display of theatrical plays, determines the legal status of theatres, forms of their state support, order of their creation and activity and is directed to formation and satisfaction of creative needs and interests of the citizens, their aesthetic education, preservation, development and enrichment of spiritual potential of the Ukrainian people.

The adopted in 1992 "The fundamentals of the legislation of Ukraine about culture" had in due time the great progressive value for settlement of legal, economic, social and organizational fundamentals of development of culture in Ukraine. But modern conditions of state development require updating of the given act. On August 30, 2006 in the publication of the Ministry of culture and tourism of Ukraine - in the newspaper "Culture and Life" there has been published the governmental project of Ukraine "About culture" [4]. Adoption and introduction of the new Law of Ukraine "About culture" will enable to form and realize more effectively the state policy in the sphere of culture.

The further development and updating should receive the legislation about the tour activity, library and museums, cinematography, protection of historical and cultural monuments, etc.

At the modern stage of the state development in Ukraine the legislation in welfare (spiritual) sphere stays at the stage of reforming and perfection. Realization of goals and tasks of the state policy of Ukraine in welfare (spiritual) sphere with reference to legislation first of all assumes structural-legal reorganization of fundamentals and conditions of activity in the given sphere, creation of reliable statutory-legal base for maintenance of welfare development in the country. The great work is necessary for adaptation of the legislation of Ukraine in welfare (spiritual) sphere to the international requirements.

The literature

state sovereignty commonwealth cultural

1. Административное право Украины: Учебник / Под общ. ред. С.В. Кивалова. - Харьков: "Одиссей", 2014. - С. 510.

2. Копієвська О. Правове регулювання відносин у сфері культури // Право України. - 2014. - №8. - С. 82-85; Пережняк Б.А. Состояние законодательной базы социально-культурного строительства в Украине // Юридический вестник. - 2004. - №1. - С. 79-81; он же, Правові засади державної політики в соціально-культурній сфері // Державне управління: теорія і практика / За заг. ред. В.Б. Авер'янова. - К.: Юрінком Інтер, 2008. - С. 363-372.

3. Задихайло О.А. Організація управління культурою в Україні (адміністративно-правовий аспект): Автореф. дис. канд. юрид. наук. Харків, 2006. - 19 с.; Овсієнко-Миронова Г.В. Організаційно-правові засади управління видавничою справою в Україні: Автореф. дис. канд. юрид. наук. - Харків, 2006. - 20 с.; Ракша Н.С. Адміністративно-правове забезпечення права громадян на освіту: Автореф. дис. канд. юрид. наук. - Львів, 2007. - 20с.

4. Проект Закону України "Про культуру" // Культура і життя - 2006. - 30 серпня.

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