Protection Of Sovereignty Research Articles

The problems of sovereignty in the works of native pre-revolutionary government scientists

The issue of sovereignty in Russia has long been of no practical or theoretical interest. Russian scientists began to study it only in the second half of the 19th century, and the most productive years were the 10–20th years of the last century. The research conducted at that time cannot in any way be considered a blind copy of the achievements of Western science. Pre-revolutionary scientists presented their original approaches, solutions, and conclusions here, which were based on the richest historical experience and the specifics of Russia’s state and legal development. It is significant that nearly all the most famous Russian legal scholars of that time spoke out. This article analyzes their positions on such important practical and theoretical issues as the concept of sovereignty, the history of its creation; national sovereignty; sovereignty of state bodies, and above all monarchical sovereignty; sovereignty of state power; non-sovereign state; divisible, limited sovereignty, etc. Special attention was paid to the relationship between sovereignty and the constitution, sovereignty and the Russian Basic State Laws of 1906. The positions of pre-revolutionary Russian scientists became the basis for highlighting the following main indicators (criteria). Firstly, the very fact of the existence of a constitution, an act having supremacy, the highest legal force, is the most important indicator of the reality and effectiveness of sovereignty. Secondly, the content of the provisions of the basic law concerning sovereignty is important, which establish its specific form and its main indicators. This applies to the economic, social, political systems, the state structure, the system of state bodies, the status of a person, a citizen, and above all his rights, freedoms, and primarily in the political sphere. Thirdly, the consolidation of real forms of protection and protection of sovereignty in the constitution. Fourthly, taking into account the special role of the constitution in relation to sovereignty, the definition of an effective system of its legal protection.

Strategy on China in the Foreign Policy of Germany: Correlation of Values and Interests

The article addresses the preparation and context of Germany’s China Strategy. It aims to analyse a complicated process of reaching consensus in regard to China via intraparty debates in German coalition government. The authors examine China’s leadership and official reaction to the statements by German government, to the UN documents and visits and contacts of German officials with their counterparts in Taiwan and Hongkong. German government and Bundestag documents as well as those of the Federal Foreign Office were used as primary sources. The Chinese Communist Party documents, the Chinese leaders’ and foreign policy officials’ statements and speeches, the UN reports were also analysed. The authors highlight close and complicated interconnectedness between different economies in the world. All international actors are required to reach a compromise between national interests (including protection of sovereignty and security) and pragmatic goals of business development and the state of livelihoods. Consideration of counterpart’s interests, security issues and unacceptability of escalation are the conditions for achieving mutual understanding between two countries.

The UNCRC and the Holy See

This contribution analyses the complex problems arising from the application of the United Nations Convention on the Rights of the Child (UNCRC) to the Holy See. Taking the continuous scandal of sexual abuses on children within the Catholic Church as a case study, it highlights the still persistent tension within international law between the protection of sovereignty and the full enjoyment of human rights, including children’s rights. To this end, after a preliminary analysis of the Holy See’s sui generis international legal personality, this contribution investigates two issues that prevent the Holy See from being held responsible for violation of children’s rights under international law. First, it examines the attribution of the conduct of local bishops/priests accused of sexual abuses worldwide to the Holy See, also in light of Pope Francis’ latest institutional reforms. Second, it addresses the immunity granted to the Holy See in these circumstances, thus questioning the rationale of such immunity when children are involved. Indeed, this article argues that, despite the Holy See having ratified the UNCRC (Article 34 of which calls on parties to protect the child from all forms of sexual exploitation and sexual abuse), children’s rights and their best interests are generally ignored when the sexual abuse plague within the Church is encountered in international fora. Keywords: UNCRC; Holy See; Vatican City State; international law of responsibility; immunity; sexual abuses.

Legal basis of defense standardization of the European Union

Legal basis of defense standardization of the European Union

Indonesia's Defense Policy In Addressing Space Threats In Perspective Of Defense Management

Indonesia's Defense Policy In Addressing Space Threats In Perspective Of Defense Management

The Arctic as a New Priority for Canada-US Relations and Canadian Foreign Policy

In 2023, a number of analytical articles analyzing Canada's role in the world were published. The Canadian researchers agree that the country's foreign policy interests are concentrated within the North American continent. Experts call the Arctic and the North a priority area of bilateral Canada-US relations and Canadian foreign policy in general. The discussion of this issue has also been developed at the official level. Protection of sovereignty in the Arctic is among the priorities of Canadian policy, as well as cooperation with the U.S. on the modernization of NORAD. In turn, an analysis of U.S. official documents allows us to conclude that Canada and the United States share the same assessment of risks and threats in the Arctic and that the United States is interested in deepening cooperation with Canada on issues related to ensuring the security of the Arctic region and the North American continent.

Military-economic confrontation of Russia and the West in the special military operation for demilitarization/denazification of Ukraine

Subject. The article addresses Russia's sovereignty protection in the face of destructive factors. Objectives. The aim is to compare Russia and NATO member countries in terms of military potential, analyze the directions of reorganization of the Russian military economy. Methods. The study employs methods of systems analysis. Results. We established that militarily and economically, Russia turned out to be more developed. It used the sanctions pressure as an opportunity to really increase the efficiency of the entire social production. Conclusions. Only achieving the synchronization of socio-economic and military strategic planning, improving the quality of military and political and macroeconomic forecasting, with extensive use of artificial intelligence, and considering the Soviet experience in mobilization of the economy, will make it possible to ensure social progress and national security under permanent sanctions pressure.

ПРО ЗАСТОСУВАННЯ СУДАМИ КАТЕГОРІЇ «ПУБЛІЧНИЙ ПОРЯДОК» ЩОДО РІШЕНЬ МІЖНАРОДНОГО КОМЕРЦІЙНОГО АРБІТРАЖУ

The article examines the negative tendency towards excessive interference of state courts of Ukraine in international commercial arbitration by cancelling and refusing to enforce arbitral awards on grounds that go beyond the principle of legal certainty as an element of the Rule of Law. It was concluded that the expansive interpretation of the category of public order, applied in some decisions of the Supreme Court, will prevent the normal functioning of international commercial arbitration as an alternative way of commercial disputes' resolution in Ukraine, which not only undermines the investment prospects of Ukraine's economy, but also destroys the possibility of classifying Ukraine as a legal systems of civilized countries of the world, creates ample opportunities for abuses in the process of contesting and recognizing in Ukraine decisions of international commercial arbitration. It is substantiated that a violation of public order as a basis for refusing to recognize and enforce international commercial arbitration awards in Ukraine can be qualified in the case of clear disregard for direct prohibitions established by the state regarding the protection of sovereignty, fundamental human rights and freedoms. One of the ways to solve these problems is to the establish a legal ban on the execution of an arbitral awards in favour of the occupying country and persons related with it. Types of violations of the arbitration procedure as grounds for contesting an international commercial arbitration award or refusing to enforce it are comprehensively regulated in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), and cannot be based on expansive interpretation by the court of the arbitration procedure from the point of view of compliance with the norms established by the Civil Procedure Code and the Economic Procedure Code of Ukraine.

The Evolution of Defense Policies: Trends and Factors Shaping National Strategies

This study examines the evolution of defense policies in different countries and identifies the common trends and factors that have influenced their development over time. By analyzing changes in the global security landscape, advancements in military technology, the role of relationships between countries, and the driving forces of national interests, regional stability, and sovereignty protection, this research offers valuable insights into the dynamic nature of defense policies. Understanding these underlying factors is essential for comprehending the complexities of defense strategies, anticipating future challenges, and fostering effective international cooperation to address shared security concerns.

АКСІОЛОГІЧНЕ (ЦІННІСНЕ) ЗНАЧЕННЯ ДЕРЖАВНОЇ МОВИ КРІЗЬ ПРИЗМУ ЇЇ ЗАСТОСУВАННЯ У СФЕРІ ОСВІТИ УКРАЇНИ

The article is dedicated to the study of the state language as a constitutional value in the context of its application in the field of education in Ukraine. An analysis of the development of value ideals and benefits for society, which is a social value transformed into a legal category of constitutional values in view of various factors, including historical and legal tradition as well as its transformation, the need to implement constitutional rights in the native (state) language, the influence of modern factors of using language as a tool of hybrid war is performed. The example of Ukraine proves the fact that in addition to expressing the state language as the foundation of statehood, consolidation of a multiethnic nation, a factor of national security, protection of sovereignty and territorial integrity - this legal phenomenon is valuable for its bearer from another point of view. In particular, it is about the need for the Ukrainian nation to use the native language in the exercise of the constitutional right to education. In addition, the article comprehensively reveals the issue of the place of the state language in the system of constitutional values of Ukraine with the appropriate justification, which allows to refer it to the values of the constitutional order of Ukraine. In turn, the main features of the state language as a constitutional value are identified and clarified, including the indisputable attributive connection between the language and the titular autochthonous ethnic group and the state; bearing the factor of national security, the factor of territorial integrity and inviolability of state sovereignty; means of consolidating the nation and integrating linguistic minorities; definition of language as a national good, social ideal and state-building basis.

Historical and legal aspect of the formation of the external function of Ukraine: from state formations to the cossatians

Purpose. In this scientific research we will try to cover the times from pre-state formations that took place before the formation of the famous Kievan Rus to the times of the Cossacks and trace their ways of negotiating, consolidating agreements or marriages, which affected areas. Different periods of Kievan Rus under different princes, their activities and its impact on foreign relations are going to be mentioned. Let us highlight the times of her descendant - the Galicia-Volyn principality, which for years maintained the traditions of its ancestor, the times of the Cossacks, the figure of B. Khmelnytsky, the search for allies and the preservation of the once-cathedral lands. Method. The method involves the analysis of available scientific and theoretical materials and the formation of recommendations that meet the requirements of the time. Methods. During this scientific research were used such methods of scientific knowledge as historical, comparative, analysis and synthesis, functional. Results. We note that the issues of historical and legal aspects of the formation of external functions of the state, which today include: protection of sovereignty; integration into the international community of self-sufficient democracies; foreign economic activity; diplomatic cooperation with other states; international cooperation on environmental protection; The fight against international terrorism, money laundering, drug trafficking, human trafficking and illegal migration has a long tradition and reflects the same long and difficult path as the history of the state itself, but is always relevant and extremely important. stage of legal analysis in the general system of legal sciences and especially in the science of theory and history of state and law. The study found that the requirements for participants in international relations were formed almost together with the formation of the that state entities, which are virtually unchanged today, it is more appropriate to indicate that they are evolutionary. No less important are the facts of spirituality, volunteerism and wisdom of the head of state, on which depends the international legal activity and position. Scientific novelty. The modern world is currently going through difficult times in the context of global changes and transformations, which entails several consequences to which many states, as well as international law itself, are not adapted. The Ukrainian scientific literature practically does not comprehensively study the issue of updating the international legal functioning, which is an extremely important issue both in general and for Ukraine in particular, which has embarked on a path of radical renewal of its international functional wardrobe. That is why we have been conducting research since the beginning of statehood to develop the most up-to-date recommendations for updating the current situation. Practical significance. The results of this study can be the basis for further research in this historical and legal field and during lectures and seminars in the discipline "Theory and History of State and Law".

Sustainable development of marine economy in Da Nang city - from perception to reality

Da Nang is a city located in the central key economic region of Vietnam, which has an important geo-political-economic position. In addition, this area is also the center of road, rail, sea, and air traffic in Vietnam. With a favorable geographical position and natural conditions, Da Nang has many potentials and advantages for sustainable development of the marine economy in association with the protection of sovereignty and national interests at sea. Using analytical, synthesis, and logical methods, the article clarifies the potential and advantages of Da Nang city in marine economic development, thereby assessing the status of marine economic development and raising a number of issues posed by the sustainable development of the marine economy in Da Nang.

Marine economy - the new development trend of mankind in the \(21^{st}\) century

The article introduces the basic understanding of the marine economy and why humankind has to turn to the sea and the ocean in the 21st century, sea and ocean use, and approaches to exploitation and governance of ocean, marine, coastal and island economy for sustainable development. It also analyses international and regional lessons learned, the actual situation of marine economic growth in Vietnam in the past 30 years, some management and exploitation solutions (integrated management, ecological security, international cooperation,...) for socioeconomic development, sovereignty protection and territorial security in the East Vietnam Sea in the current complex context.

Constitutional and legal basis of ensuring information security in Ukraine

Abstract. It is substantiated that information security is considered on the same level with such integral features of statehood as sovereignty and territorial integrity. The information sphere is referred to in other articles of the Basic Law, in particular, Art. Art. 31 32, 34, 50 in the context of providing constitutional guarantees of the right to secrecy of correspondence, telephone conversations, telegraph and other correspondence; protection from invasion of privacy; protection against illegal dissemination of confidential information, judicial protection of the right to refute inaccurate information and the right to demand its seizure in this regard; the right to freely collect, store, use and disseminate information orally, in writing or otherwise ? at their discretion; the right to free access to information on the state of the environment, the quality of food and household items, as well as the right to disseminate it. It is established that the Constitution of Ukraine has become the main legal basis for further rule-making in the information sphere. However, this rule-making, along with certain positives in the development of the information field, freedom and protection of information, has not shown the necessary effectiveness in the information war. The main thing is that this rule-making did not ensure the implementation of Art. 17 of the Constitution, which places information security among several important functions of the state, such as the protection of sovereignty and territorial integrity. Accordingly, the failure to ensure information security has led to the loss of part of the sovereignty and territorial integrity of our state The purpose of the article is to study some constitutional forms of implementation of the state information security policy of Ukraine. The author concludes that in general, despite some disorder, inconsistency and inconsistency of Ukrainian legislation in the information sphere, the information legislation of Ukraine in recent years has been revised and transformed by new challenges and threats in the face of military aggression. Certain legal acts have been adopted for a short period and expire in 2020. Therefore, given the fact that Ukraine is in a state of hybrid war, in which information security is the most attacked and, at the same time, the most vulnerable, there is an objective need to develop a basic law - the Information Code, which would include a separate section on information security or adoption of a special Law of Ukraine "On Information Security of Ukraine", which will be able to regulate the basic principles of state policy aimed at protecting the information security of man, society and the state from external and internal threats Key words: information security, access to information, transparency, e-government, government agencies, official information.

CRIMINAL LIABILITY FOR CRIMES AGAINST NATIONAL SECURITY

This research paper analyzes the current Legislation of Ukraine in the field of criminal liability for crimes against national security. It is noted that prevention of this type of crime is one of priorities of criminal law policy that aims to preserve national sovereignty and its independence proclaimed by the Constitution of Ukraine, as well as ensuring its economic and information security are the most important functions of the state.
 Scientific achievements of leading scientists in the field of criminal liability, crimes against national security are analyzed. Their work part changes or additions to relevant provisions of the Criminal Code of Ukraine has been studied.
 General scientific (dialectical, systemic) and specific scientific methods became research methods. Dialectical method made it possible to determine the general state and prospects of research on the legal regulation of criminal liability for crimes against national security. Using the system method that was used in the research process, system of legislation of the outlined issue is determined. While analysis of current regulations in force in Ukraine in the field of criminal liability for crimes against national security formal and legal methods were used.
 Definition by the Basic Law of the country of the most important functions of the state of the issue of protection of sovereignty and territorial integrity of Ukraine ensures this research relevance.
 Due to the threat posed by aggression in the east, that began in 2014, the crime rate is gaining momentum. The need for enhanced state control and the introduction of effective mechanisms, in terms of strengthening criminal liability for planned crimes is becoming urgent.

Application and Development of Ho Chi Minh Thoughts on Mass Mobilization Affairs in the Party Congress XIII Documents

Thouroughly imbeded and creatively applied Marx-Leninism on people’s role and inherited the tradition on mobilization of people’ strength in the country’s sovereignty protection and defence, President Ho Chi Minh always stressed the strategic importance and decisiveness of mass mobilization affairs in the revolution process. It is therefore important to understand the creative application and development of the Ho Chi Minh thoughts in the Party Congress XIII documents. This paper clarifies Ho Chi Minh thoughts on mobilization affairs and its application in the Party Congress XIII document.

Vietnamese Criminal Polices and Laws in the Industrial Revolution 4.0: Some New Awareness1

The industrial revolution 4.0 reflects combination of technologies in physics, digitalisation and biology, shaping a modern world of information technology where virtual and real systems are integrated through worldwide internet connection networks. Despite a number of advantages, this revolution also creates new challenges and threats, requiring systematic changes in economic, cultural, and social areas, including reform of criminal policies and laws for effective crime prevention, protection of sovereignty, national security, human rights and citizens’ rights in the new context. Therefore, it is important to have a new awareness on Vietnamese criminal policies and laws in the industrial revolution 4.0 to facilitate the identification of key research areas for further improvement and application of criminal policies and laws in the new era.

Genesis of the concept of "national security" in administrative law

The paper is devoted to the essence and peculiarities of the origin and development of the concept of “national security” in administrative law. The paper analyzes different opinions on the definition of “national security”, also considers the provisions of the Constitution of Ukraine on the protection of sovereignty and territorial integrity of Ukraine. The legislative provision of security in Ukraine, security of the person, society and the state from external and internal threats in the state as ensuring national security is studied. The urgency of the issue outlined in the paper is due to the ongoing reform processes in the field of national security and law enforcement in Ukraine. However, national security issues are still at the center of various scientific debates. In the research and analysis of the origins and development of the concept of “national security” hermeneutic, logical, linguistic and semiotic research methods are used. It is proved that in the legislation and legal literature this term has gained wide application and recognition that meets the general requirements of legal technique: the terms must be generally accepted, have a stable character and wide application. It is noted that the term “national security” still remains relevant and controversial. Although the term “national security” was first used after World War II, certain aspects of it have been considered since the creation of nation-states in the mid-seventeenth century. This term is used in various aspects, has no unambiguous application in the legal literature, lawmaking and legal practice, so it can be interpreted in various aspects. Ukrainian scholars-administrators define the security of the country in different ways, in particular through the prism of the executive activity of the relevant law enforcement agencies that provide it.

КРИТЕРІЇ ТА ПОКАЗНИКИ ПСИХІЧНОГО ЗДОРОВ’Я ВІЙСЬКОВОСЛУЖБОВЦІВ ЗБРОЙНИХ СИЛ УКРАЇНИ

У статті розглядається актуальна проблема збереження психічного здоров’я військовослужбовців Збройних Сил України, як головного фактору успішного виконання бойових завдань в складних та екстремальних умовах діяльності. Визначені та обґрунтовані основні критерії та показники психічного здоров’я військовослужбовців з урахуванням досвіду їх участі в бойових діях.

ЗМІНА ПАРАДИГМ ВОЄННО-ПОЛІТИЧНОГО МИСЛЕННЯ У ДОКТРИНАХ ТА СТРАТЕГІЯХ ВОЄННОЇ БЕЗПЕКИ УКРАЇНИ XX–XXI СТОЛІТЬ

The time limits of the life of one generation are about 25-30 years, so lived in the struggle for building its own state and its armed defence, this time for Ukraine goes down in the history of the first generation of creation and attempts to comply with four military doctrines (1993-2004-2012-2015), in which our own defence course was proclaimed. The theoretical basis of these official documents of significance were certain paradigms of military-political thinking, according to which Ukraine did not consider it a continuation of politics. The direction and principles of military policy (defence or security policy in European terminology) for modern Ukraine from the mid-20s of the XIX century, as well as 100 years ago, again came to the fore in connection with the implementation of previously abstract concepts " annexation "," occupation "," war ", which allegedly did not exist for our country in recent history. But today they have been embodied or, in the image of Franz Kafka, "reincarnated" into threatening forms of Russia's military practice against our state, the end of which is not yet visible in the near future. The military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of militarypolitical thinking. The main thesis is the belief that the protection of sovereignty and strengthening of military security is the military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of military-political thinking. The main thesis is the belief that the protection of sovereignty and strengthening of military security is the creation of a "comprehensive defence system" with the integration of all forces of the state and civil society, law enforcement agencies and volunteers, administrative regions and territorial communities. The military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of military-political thinking. We will prove that this is a philosophy of military security instead of the previously expressed doctrinal military-political ideas of entrusting a matter of national importance to the forces of the defence sector. The new generation of public life Ukraine will begin with a new paradigm of militarypolitical thinking, the central idea of which is the transition from hopes for the political levers of defence for international cooperation to the creation of a system of comprehensive national security with the synergistic potential of Ukrainianity.