ПЕРСПЕКТИВИ СУВЕРЕНІТЕТУ ДЕРЖАВИ У ПОСТПАНДЕМІЧНОМУ СВІТІ

Abstract

The article is dedicated to the study of the features of the trajectory of changes of sovereignty of the State under current crisis conditions caused by the pandemic COVID19, which shape its future prospects. The research paradigms of biopower (M. Foucault), state of emergency (K. Schmitt, J. Agamben) are used in the work, allowing not to limit the subject of study to legal positivist forms and focuses on interdisciplinary scientific research. The processes of globalization, which led to increased interdependence between countries, the opening of borders, integration and competition of markets, capital mobility, contributed to the actualization of discourses on "erosion" and even "loss" of State sovereignty. Regional European integration also puts pressure on the sovereignty of Member States. However, the transfer some of the power to supranational structures is not a renunciation of sovereignty, but an act of sovereign self-restraint. The redistribution of authority is carried out through coordinated decisions, that correspond to the basic idea of integration, and is used primarily to optimize the implementation of public functions, to achieve a certain quality status sufficient to accoplish social goals. With the onset of the pandemic crisis, the relative openness and transparency of the globalized and integrated world face a new reality, that strengthens the sovereignty of regulatory decisions of public authorities on the governance of people and territory. If public health in the long-term state of emergency remains a priority for the state, the consequences of the "new normality" may be the devaluation of the rule of law, which originally aims at protecting individual rights and freedoms, replacing established rules with temporary regulations. Extreme necessity justifies the use of disciplinary coercive measures, increased control over the population, the introduction of restrictions and other innovations. The combination of emergency security and state biopolitics legitimizes the priority of public interests over private ones and the use of exceptional sovereign solutions to overcome threats. Emergency governance shapes management technology, which has legal forms but can mimic law in the context of its idea. The growth of authoritarian tendencies in public administration, legal guarantees and protection of human rights, freedoms, fundamental democratic principles, the relationship between freedom and security determine the prospects for further research.