«ЕФЕКТИВНИЙ КОНТРОЛЬ» ЯК БАЗОВИЙ КОНЦЕПТ СУЧАСНОГО ДИСКУРСУ ОКУПАЦІЙНИХ РЕЖИМІВ: ПОЛІТИКО-ІНСТИТУЦІЙНИЙ ВИМІР

Abstract

It was reviewed the concept of the «effective control» in context of neo-institutional theory and practice of the European Court of Human Rights, through which the occupant manages the occupied territories. It was realized the comparative analysis of the three occupation regimes cases operating at the territories of North Cyprus, Transnistria and Nagorno-Karabakh. It was described the features of the effective control of occupant in classical military occupations and in occupations by proxy. It was considered the specificity of the occupation facts determination by the European Court of Human Rights: test for the effective territorial control, application of the normative model of occupation in accordance with the Hague Regulation of 1907, the use of special informational base to confirm the existence of occupation regimes at the respective territories. It was paid attention on the emphasis shifting in the modern occupation regimes from the military to the political aspect: from the direct territorial control of the occupant to the powers delegation by the puppet authorities of the local agency. The motive part of the article is based on the neo-institutional approach as the most optimal, methodological basis of the specific institutions study of the modern occupation regimes in the author’s opinion. This method allows to identify and characterize the institutional impact of the occupying state on the territories controlled by such state, as directly as through the system of the local puppet authorities. This method also allows to identify and systematize the military, economic, financial and political means of influence through which the occupant provides loyalty of the local political elites and population of the occupied territories. In conclusion to this article it was defined definition of the effective control as a specific institute of modern occupation regimes with the appropriate formal and informal rules of game established and supported by the occupant and its agents. Key words: occupation regime, effective control, political institution, occupying state, political regime, neo-institutionalism, classical military occupation, occupation by proxy, European Court of Human Rights.