Реальний суверенітет держави в умовах глобалізації

Abstract

Розглянуто суверенітет держави та фактори впливу на його стан в умовах глобалізації. Розглянуто формальний (відносний) суверенітет та реальний (абсолютний) суверенітет. Визначено складові реального (державного суверенітету).

The article deals with the sovereignty of the state and the factors influencing its state in the conditions of globalization. Considered the formal (relative) sovereignty and real (absolute) sovereignty. The components of real (state sovereignty) are determined. At the same time, the understanding of the real (absolute) state sovereignty needs to be clarified in view of the specification of its constituents. In determining the foreign policy component, it is necessary to draw attention to the discrepancies that are objectively due to the problem of external legalization of state power, as well as the competition between the two existing concepts (theories) of recognition of states. According to the constitutional concept: only the fact of recognition generates the international legal personality of the state, transforms the actual state of the formation of a new state in the legal. In accordance with the declarative concept, the state acquires international legal personality by virtue of the very fact of its formation, by virtue of its own sovereignty, regardless of whether its other states are recognized. Recognition only states the fact of the emergence of the state, is declarative and aimed at establishing stable permanent relations between subjects of international law. The foreign political component of the real (absolute) sovereignty of the state implies an independent foreign policy course based on ensuring its own international legal personality, taking into account the principle of an agreed sovereignty based on the norms of international law. The internal political component of the real (absolute) sovereignty of the state is protosvereignty, as the primitive stage of state sovereignty, which has only internal fidelity, but which already has been formed and is characterized by identity, self-sufficiency of its internal politics. It does not have the place for political economic or military intervention by other states and subjects of superstate power. The legitimate component of the real (absolute) sovereignty of the state implies the existence of, first of all, national sovereignty, which is defined: - approval by the dominant part of the population of the foreign policy and internal political course of the state; - an organic combination of parliamentarism, forms of direct (direct) democracy with an effective model of local self-government; - the existence of such a level of development of social protection of the population that would really ensure it from social risks. The legal component of the real (absolute) sovereignty of the state is due to the existence of a conceptually drawn up legal system of the state, the development of an effective system of legislation, independent and functional law-making, law-interpreting and enforcement activities of state bodies operating on the basis of the principles of the rule of law and legality. The territorial component of the real (absolute) sovereignty of the state contains: - the possibility of implementing the principle of the indivisibility of power over the territory within its generally recognized state borders; - a monopoly of state power, including in the possibility of using legal state coercion; - the absence of internal territorial conflicts, or the presence of quasi-state entities, etc. The resource component of the real (absolute) sovereignty of the state is the opportunity to freely dispose of its own natural resources, as well as the ability to provide their supplies to meet the needs of society in full. The financial and economic component of the real (absolute) sovereignty of the state involves the functioning of economic, banking, customs and tax systems that do not require additional funding by entities of suprastate power, international financial organizations and institutions, as well as other states, the absence of external debt, controllability of foreign investment in the economy, with the preservation of its full solvency. The information component of real (absolute) state sovereignty involves conducting an independent information policy, controlling the information network flows, ensuring freedom of speech and the right of the population to receive reliable information. Thus, the integrative processes of globalization in the modern world serve as a catalyst for the formation of fundamentally new forms of organization of economic, political and cultural life. Such integration creates conditions for the emergence and development of various types of supra-state entities, economic and political informational and financial, which in turn affects the transformation of state sovereignty and the reduction of its constituents through the delegation of state powers to newly formed supranational structures. The presence of certain sovereignty problems in individual states, and the multifaceted nature of state sovereignty, highlights the need for a clear distinction between real and relative sovereignty. Understanding the real (absolute) sovereignty of the state requires clarification in view of the specification of its components: foreign policy, internal political, legitimate, legal, territorial, resource, financial, economic and informational.