Status Of Entities Research Articles

Corporate Prosecutions – on Some Relevant Issues Related to the Criminal Procedural Status of Legal Entities

The article is dedicated to the issues related to corporate prosecution, which the authors see as relevant. The two main lines explored herein are the applicability of human rights to legal entities and the possibility of using procedural (preventive, security coercive measures during the proceedings. The outcomes of researching the currently valid regulatory enactments and those that have become void, examples of law application and theoretical sources are used to present the authors’ perspective on the most important aspects of the respective issues, problems are foregrounded and proposals are advanced to facilitate further discussion.

Legal Construction of Filling Vacancies in Representative Office Positions Due to Dissolution of Political Parties

Political parties are part of the embodiment of democracy. In the political context, its existence is very important as a liaison between a sovereign government and the people it leads. The Constitutional Court has the authority to dissolve political parties in Indonesia. So that there are 3 types of rulings in applying for the dissolution of a political party by the government to the Constitutional Court, one of which is that the application is granted. If the request is granted, in its decision the panel declares to dissolve and cancel the legal entity status of the political party. The implication is that the government removes these political parties from the list of political parties owned by the government. Furthermore, the dissolution of the political party has legal consequences, one of which is the vacancy of positions in the seats of representatives/legislators who are left behind. This study aims to examine the legal implications of the dissolution of political parties and the mechanism for filling vacancies in representative bodies. The method used is normative research using a statutory approach and a conceptual approach. The results of the study indicate that the legal implication of the dissolution of a political party is the existence of a vacancy in the representative body. Meanwhile, there is no comprehensive arrangement for overcoming the vacancies left by members of the legislature due to the dissolution of the political party.
 Keywords: legal construction, position vacancies, dissolution of political parties

Legal Liability of the Liquidator for Settlement of Assets and Legal Entity Status due to the Dissolution of the Limited Company

A limited liability company has legal responsibility for all consequences arising from legal actions taken during the company’s activities. When a limited liability company is dissolved, it must carry out various settlements and responsibilities which is called a liquidation process. The liquidation process begins with the determination of the Extraordinary General Meeting of Shareholders’ (GMS)’s decision, which will then be continued with the completion of the company by registering, and disbursing the company’s assets which are distributed to parties entitled to own shares. And deletion of company status. During the liquidation period, a person will be appointed as a liquidator as a person who has the right to lead and carry out the settlement process until the legal entity status ceases. The liquidator also has responsibilities for the payment of payment obligations and third settlements that must be made as well as other settlements that need to be made during the current period. However, in fact, many do not understand the legal sanctions for the dissolution of a limited liability company and the consequences of not carrying out the liquidation stage. The purpose of this study is to explain the legal consequences of the dissolution of the company and the obligations of the liquidator in managing assets and legal status in this company, the liquidator has an important role in the process. From disbandment. Therefore, it is necessary to study how the liability of the liquidator in the stage of property settlement and the abolition of the legal entity status in the limited liability company is dissolved. This research’s method is descriptive qualitative which describes the phenomena that occur then analysis and security.
 Keywords: dissolution, limited liability company, liability, liquidator

Law-making activity in the post-war period: challenges and prospects

The article is devoted to the analysis of the challenges faced by national lawmaking in the postwar period, including setting priorities in the face of lack of resources, as well as optimizing lawmaking activities to regulate legal relations between the state and citizens in the context of postwar reconstruction. It is noted that we have a task to build a new system of relations between the state and society, which should be based on effective and high-quality lawmaking. In order to function effectively, law-making activities should be based on a solid legal basis that regulates the legal status of law-making entities, procedural basis of law-making bodies, legal status of legal documents adopted the procedure for their entry into force, etc. The main directions and priorities of law-making are dictated by modern conditions and objective needs of legal regulation to adapt domestic legislation to the EU legislation, which is provided by Ukraine’s course of integration into the united Europe. The result of all these measures should be to ensure the rule of law, the legal nature of current legislation. The main directions of improving law-making activities and further development of the legislation of Ukraine are, in particular: prompt response to changes in public life by the legislator and timely updating of legislation; in order to streamline the legislation to determine the concept of change (reform) of a particular area (subsector) of legislation; constant social and legal monitoring, which is able to clearly take into account changes in public relations that meet public expectations; consistency in the development of conceptual approaches to lawmaking; improvement of legal modeling as an effective means of normative-legal unification in law-making activity; scientific validity of legislative acts and social expediency of their introduction; improvement of the mechanism of the people’s fourth discussion of bills and optimal consideration of its results in the rule-making of state bodies; taking into account the world experience in the implementation of relevant institutions for rule-making and study of legal techniques; at the legislative level, the settlement of the issue of legislative technique, etc. It is stated that the value of law-making activity in any period directly depends on the harmonious combination of interests of the individual and society as a whole, and on the other - the state as a whole, which characterizes law as a unique phenomenon capable of organization, coherence and efficiency public relations. Key words: law-making, law-making activity, civil society, legislation, rule of law.

The Limits of Analogy in the Private Legal Status of the Beneficial Owner of a Legal Entity

The author reveals the inconsistency of judicial practice on the issue of the private legal status of beneficial owners (final beneficiaries, beneficiaries) of a legal entity: in cases of challenging decisions of general meetings of participants and transactions of such legal entities, courts without proper references to the legal basis tend to recognize the beneficiaries of the right to appropriate claims, and in disputes over their demands for information the activities of the corporate entities actually controlled by them are denied on the grounds of the lack of grounds for applying the analogy of the law, considering the silence of the legislator about the relevant protective instrument of the beneficiary qualified. Due to the absence of special rules on the presence or absence of analyzed protective capabilities of beneficial owners, the effectiveness of analogy as a traditional means of overcoming legal gaps has been tested. The prospects of analogical introduction of the public-law concept of "beneficial owner" into the structure of the private-law status of legal entities are evaluated. The development of a formal approach based on the absence of a direct legal connection of the beneficiary with the organization controlled by him is not excluded. It is concluded that it is necessary to develop a unified judicial approach to the possibility of analogical application of public-law rules on the figure of beneficial owners to private-law relations with their indirect participation before the legislative solution of the issue under study.

Robot (Artificial Intelligence System) as a Subject (Quasi-Subject) of Law

The paper analyzes the possibility and expediency of recognizing robots and artificial intelligence systems as subjects or quasi-subjects of law. The author states that there are three approaches to understanding the subject matter: 1) the formal legal (positivist) approach; 2) the anthropocentric approach; and 3) the naturalistic approach Only within the framework of the latter, attempts are made to identify objectively existing features of the subject of law. At the same time, unlike a quasi-subject, the subject of law always has such a feature as freedom of will. The solution to the question of whether a robot (an artificial intelligence system) has its own will depends on understanding the concept of «will» itself, which is also far from unambiguous. The author identifies two main approaches to the concept of will: 1) the will as a manifestation of self-consciousness; 2) the will as the ability to achieve a goal. Modern robots (artificial intelligence systems) do not have self-awareness, therefore, within the framework of this approach, giving them the status of a legal entity is possible only in an indefinite perspective. The second approach to understanding the will can be applied to many already existing systems. Thus, the author states that the potential for subjectivity of robots (artificial intelligence systems) exists. However, the advantages of such a solution are not obvious in comparison with their consideration as quasi-subjects of law. In this regard, it is justified that the introduction into the legal sphere of such a fundamentally new subject of law as a robot (an artificial intelligence system) is premature. However, there is an objective need to recognize a number of them as quasi-legal entities that represent a certain legal value.

Administrative responsibility for some violations of the quarantine regime in retail institutions, public catering, and the services sector

The article is devoted to certain issues of bringing to administrative liability employees of business entities engaged in retail trade, catering, and services, for violating the rules of quarantine of people. The author analyzes the composition of administrative offenses under sections 1 and 2 of Art. 443 of the Code of Administrative Offenses, in particular in the aspect of certain features of their objective side and subject composition. In the example of a court case, the author analyzes the errors of legal qualification by police officers for actions/ inaction of an employee of a business entity who is at work without wearing personal protective equipment. The author also noted the negative procedural consequences of the practice of inaccurate indication in administrative materials of a specific rule of law, violation of which is accused of a person who is subject to administrative liability. The author emphasizes the case-law of the European Court of Human Rights, according to which self-reclassification of administrative offenses by the court and assistance by the court to the body/official who drew up the administrative protocol in finding evidence of guilt of the person prosecuted is not allowed. It is noted that the provisions of the current legislation on the quarantine of people during martial law are large of a recommendatory nature, but after the termination of the martial law regime, the relevance of the correct classification of administrative offenses in this area will increase. As a result, the author concludes that it is impossible to bring administrative responsibility under section 1 of Art. 443 of the Code of Administrative Offenses of persons who do not have the status of business entities or officials of business entities - legal entities, as well as the obligation of the court to close the proceedings in the case of an administrative offense in this case.

The problem of the legal status of state bodies: the history of civil thought

The State has been a participant in economic relations since immemorial times, but it has always been expressed through a system of its organs and organizations. The modern problem of the legal status of state bodies remains relevant even after the extreme reform of civil legislation, since many aspects of such a status remain unclear to the science of civil law. One of the reasons is that the issue is at the intersection of private and public law. The author, using the comparative historical method of research, on the basis of a systematic approach, tries to establish the continuity of approaches to determining the civil status of state bodies at different stages of the development of the state and law. Thus, the author comes to the conclusion that the pre-revolutionary and Soviet stage of the development of civili law thought is characterized by the consideration of state bodies as integral parts of the entire state, in which they play the role of representatives of the latter. At the same time, with the justification in Soviet law of the formal separation of the property of state bodies from the treasury in the civil legislation of the early stage of modern Russian law, individual state bodies are given the independent status of legal entities. However, this trend is not caused either historically or formally legally. As the author shows, it is caused by an attempt to shift the Soviet system of management of socialist property to the modern conditions of a free economy, when the state acts as an equal participant in the market. In conclusion of his research, the author comes to the conclusion that the problem of the participation of state bodies in civil legal relations is rather characteristic of the modern stage of the development of civil law and is due to the desire to limit the civil liability of the state for the actions of its bodies.

ПРАВОВИЙ СТАТУС ДЕРЖАВИ УКРАЇНА У ЦИВІЛЬНИХ ПРАВОВІДНОСИНАХ

The need for conceptual updating of civil legislation of Ukraine is one of the necessary conditions for attracting investment, ensuring proper and effective legal regulation of micro- and macroeconomic processes, which, in turn, removes obstacles to the development of new economic relations. Undoubtedly, in order to ensure the rule-making process, it is necessary to take into account the experience of foreign states, in particular the provisions of a private law nature developed within the framework of international organizations, as well as the experience of EU member states. However, when using the positive rule-making experience of foreign states and international organizations, the peculiarities of economic and political development of our state must be taken into account. One of the proposals by the developers of the Concept of updating the Civil Code of Ukraine is to consolidate the legal status of a legal entity under public law. This legislative approach aims to bring Ukraine's civil law closer to the EU and to address law enforcement issues. The state realizes its legal personality, including in the sphere of private relations, through the bodies created by it. Therefore, it seems reasonable to believe that in such conditions it is sufficient to grant the legal status of a legal entity under public law to public authorities. Each of the subjects has its own peculiarities of participation in civil relations due to the nature of origin, but this does not violate the principle of equality and does not create obstacles to entry and participation in them. The state, regardless of the peculiarities of entry and participation in civil relations, is their participant (subject) on a par with individuals and legal entities, whose participation also has its own characteristics. Moreover, enshrining in the Central Committee of Ukraine the provision that the state of Ukraine is a legal entity under public law may create additional grounds for manipulation at the political level in the context of the Russian Federation's attack on Ukraine. It is obvious that the aggressor country will use any grounds to deny the statehood of Ukraine, despite the fact that some states have a practice of consolidating the status of a legal entity under public law. The state of Ukraine is an independent participant in civil relations, which has no advantages in joining and participating in them. Peculiarities of state participation in civil relations are determined by acts of civil law in the same way as other participants in civil relations. The presence of sovereignty, as well as other features of the state, does not create advantages or obstacles to such participation. This gives grounds to conclude about the complex structure and integrity of the legal personality of the state.

Restrictions to Freedom of Association, Assembly, and Spreading Opinion Post Changes to Community Organizational Law

Protection of Freedom of association, assembly and expression is recognized as part of human rights. Through the Community Organization Law, the state regulates the balance in protecting rights without neglecting social responsibility. This balance is regulated as an effort to safeguard the country's sovereignty. This paper uses the following approaches: a) conceptual approach, by looking at concepts of law and democracy that are relevant to the research problem; b) statute approach, a juridical normative analytic research approach, the research is based on critical thinking by referring to legal sources of the Community Organization Law. This research concludes that Pancasila seeks to build harmony and balance between individual and national interests (society). Therefore, the freedom that exists in Indonesia is not an absolute right. This means that these freedoms are subject to many restrictions established in law. Principles contrary to Pancasila and the 1945 Constitution of the Republic of Indonesia have triggered the government to expand the prohibition against mass organizations. These principles aim to change the ideological basis of Pancasila and choose to change the mechanism for revoking the status of a legal entity by using the principle of contrarius actus to be more effective and efficient in taking action.

Civil legal personality of Local Self-government bodies

The article is aimed at revealing the problem of participation of local self–government bodies with the legal status of legal entities - institutions in civil legal relations, as well as at identifying ways to resolve it. At the practical level, the problem is expressed in the uncertainty in which cases local self-government bodies act in civil circulation on their own behalf, and in which cases on behalf of the entire municipality. Certain gaps in civil legislation today allow municipalities to create legal entities not only to establish the legal status of their bodies, but even to separate divisions of such a body. At the theoretical level, the problem is expressed in the choice of the optimal and most effective model of participation of the municipality through its bodies in civil legal relations and management of municipal property. Applying the formal legal method from the standpoint of a dialectical approach, the author examines the raised problem from the point of view of the applicability of the institution's design to local self-government bodies. As a result of his reflections, he comes to the conclusion that local self-government bodies are an integral part of a municipality, and therefore cannot be separated from it by putting on the mask of a legal entity. To do this, the author proposes to amend the civil legislation in terms of limiting the spheres of establishment of institutions to the social and cultural sphere, excluding the sphere of management from Article 123.22 of the Civil Code of the Russian Federation.

Частные медицинские организации: вопросы регистрации, лицензирования и гражданско-правового положения при оказании медицинской помощи и медицинских услуг

Частные медицинские организации: вопросы регистрации, лицензирования и гражданско-правового положения при оказании медицинской помощи и медицинских услуг

The Policy of Legal-Entity State Higher Education Institutions (PTN-BH) Determination Viewed from Material Law Institutions

PTN-BH is a state university established by government with the status as an autonomous public legal entity. The existence of PTN-BH in ensuring quality and affordable education is questionable because the application of the non-profit principle in the autonomy of higher education is the basis that students must be protected in the imposition of education costs that the state cannot afford, especially in universities with legal entity status. The purpose of this study is to determine the urgency of PTN-BH determination in terms of material law. This study uses a normative juridical method, the data sources used are secondary data and primary data analyzed qualitatively. The results of the study indicate the emergence of the term Legal Entity State Higher Education Institutions beginning with the enactment of Law Number 9 of 2009 concerning Educational Legal Entities, named PTN-BHMN. In the end, the BHP Law was annulled by the Constitutional Court, with the Constitutional Court Decision Number 11-14-21-126-136/PUU-VII-2009 dated March 10, 2010. The BHP Law was declared contrary to the 1945 Constitution of the Republic of Indonesia that leads to no legally binding power. The enactment of Law Number 12 of 2012 concerning Higher Education becomes the basic foundation for State Universities Ex-BHMN to switch status to PTN-BH. With full autonomy, a state university can independently manage its own household according to the purpose of the campus. It is hoped that universities can develop and innovate more quickly. State universities with the status of Legal Entities actually have wider autonomy which means that PTN-BH can take care of their household more independently. For example, a higher level education institution with the status of a PTN-BH can open a new study program or close it when it is deemed no longer needed. Likewise in financial matters, personnel affairs are also regulated by its higher level education institution.

EVALUATING THE LEVEL OF RESOURCE SECURITY OF THE ENTERPRISE

Goal is the development of theoretical and methodological assessments of the resource security of the enterprise in the conditions of strengthening the requirements for the implementation of the provisions of the concept of sustainable development in the implementation of economic processes aimed at increasing environmental, economic and social efficiency in the modern economic system. Analysis of the state and conditions of formation of the level of resource security operates using the method of analysis of scientific sources, analytical evaluation, systematization and generalization. Statistical analysis, the method of groupings, factor analysis and methods of economic and mathematical modeling are used to form a three-factor model of resource security. A systematic approach, analysis and synthesis were used to form the components of the three-factor model of enterprise resource security. It is substantiated that the assessment of the level of resource security of the enterprise can be implemented with the help of an integral indicator. The procedure for calculating the integral indicator of the quantitative assessment of the resource security level of the enterprise using the taxonomy method is proposed, after which the method takes into account the influence of many factors that have different dimensions and methods of description. It is proposed to use the concept of "resource status of a business entity", which should be understood as a set of indicators of the purposefulness of the business entity's development, represented by a complex system of indicators of resource security of the enterprise. The procedure for building a three-factor model of enterprise resource security is proposed. This model of resource security takes into account three components of enterprise development - ecological, economic and social, which corresponds to the main provisions of the concept of sustainable development. The preferred developed model is the assessment of the level of resource security as the degree of realization of the resource potential (a measure of correspondence between the components of the potential), which occurs at a certain level of resource security that arises in the enterprise in the process of economic activity. The level of resource security of the enterprise will be equal to the degree of implementation of a certain component of enterprise security, namely, its lowest indicator. A three-factor model for assessing the level of resource security of the enterprise is presented, oriented on the practical level, on the fact that economic development can be ecologically viable only under the conditions, if it is accompanied by an increase in production productivity and an increase in consumption volumes at a higher growth rate than the economic rate. The practical application of the mentioned approach allows the enterprise to carry out a comparative characterization of its main competitors, internal potential, competitive position in certain segments and the enterprise's market suitability to resist the influence of external environmental factors.

STATE REGISTRATION OF RELIGIOUS ORGANIZATIONS IN UKRAINE

The article considers the issue of the creation and registration of religious organizations and the acquisition of the status of a legal entity. The main problems faced by religious organizations in the process of state recognition are considered. The methods of state registration of religious organizations depending on their type are described, the powers of regional and central executive bodies regarding the legal recognition of religious organizations are outlined. Proposals have been made to amend the current legislation to create a transparent process for registering religious organizations. The article defines religious organizations in Ukraine such as religious communities, centers, administrations, monasteries, church unions, missions, theological educational institutions, organizations, and associations. As the registration procedure of religious organizations has two stages of registration in Ukraine, the article describes in detail each of the stages of state registration of religious organizations. The article describes the state benefits that religious organizations in Ukraine can receive after obtaining the status of a legal entity.

Релігійні меншини в Україні: актуальні проблеми

The article presents the results of a sociological study on the main issues relevant to religious minorities in modern Ukraine. The main ones are legal aspects related to legislation, state registration, acquiring the status of a legal entity, obtaining or acquiring land for use or construction of a religious building, etc. Among other pressing problems faced by religious minorities in their lives and activities are social, humanitarian (including educational), and economic (property, financial). Respondents – believers representing religious minorities reported violations of the right to provide for the religious needs of believers during military service (in particular, chaplaincy); harassment in the exercise of the right to participate in charitable activities (including volunteering, in particular, to work with at-risk groups – people with drug and alcohol addictions, former prisoners, etc.); difficulties with the exercise of the right to acquire and use religious objects, in particular, the restriction of the “permissible” list of objects to be imported by Christian, mostly Orthodox, tradition; violation of the right of believers representing religious minorities to self-expression and/or prejudice of the public and/or denial of employment due to the appearance of believers, under the requirements of the faith; presentation of unverified or biased information about religious minorities in the media as a source of negative public opinion concerning religious minorities. The article concludes that the state policy in the religious sphere on religious minorities is insufficiently developed, which slows down the process of Ukraine’s integration into the European international community and strengthens the marginalization of religious minorities. Moreover, the realization of the rights and freedoms of religious minorities requires the cooperation of experts, civil servants, the media, and believers of religious minorities.

Megakaryocytes form linear podosomes devoid of digestive properties to remodel medullar matrix

Bone marrow megakaryocytes (MKs) undergo a maturation involving contacts with the microenvironment before extending proplatelets through sinusoids to deliver platelets in the bloodstream. We demonstrated that MKs assemble linear F-actin-enriched podosomes on collagen I fibers. Microscopy analysis evidenced an inverse correlation between the number of dot-like versus linear podosomes over time. Confocal videomicroscopy confirmed that they derived from each-other. This dynamics was dependent on myosin IIA. Importantly, MKs progenitors expressed the Tks4/5 adaptors, displayed a strong gelatinolytic ability and did not form linear podosomes. While maturing, MKs lost Tks expression together with digestive ability. However, those MKs were still able to remodel the matrix by exerting traction on collagen I fibers through a collaboration between GPVI, ß1 integrin and linear podosomes. Our data demonstrated that a change in structure and composition of podosomes accounted for the shift of function during megakaryopoiesis. These data highlight the fact that members of the invadosome family could correspond to different maturation status of the same entity, to adapt to functional responses required by differentiation stages of the cell that bears them.

Legal Protection and Certainty for Employees of the Public Entity of Insurance and Social Security (BPJS Ketenagakerjaan)

Indonesia has the Insurance and Social Security (BPJS Ketenagakerjaan) to protect workers. This article discusses the legal vacuum of the legal status of the public legal entity of the Insurance and Social Security. The aim is to formulate future arrangements that provide legal protection and certainty for employees of the Insurance and Social Security public legal entity. This research is normative legal research with a statutory approach and a conceptual approach. The result of this research is that it is necessary to strengthen the supervision of the supervisory board internally and externally. In addition, it is necessary to prepare special regulations regarding the regulation of public legal entities, especially Insurance and Social Security.

Analisis Terhadap Penghapusan Proses Peradilan Dalam Pembubaran Organisasi Kemasyarakatan (Studi Peraturan Pengganti Undang-Undang No 2 Tahun 2017)

This paper aims to review the changes in the role of the judiciary in the dissolution of social organizations through the enactment of Government Regulation in Lieu of Law Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Community Organizations (‘Perppu on Ormas’). This study is focused and limitated to the following question: how is the human rights point of view on the abolition of the judicial process in the right to freedom of association and its implications in Government Regulation in Lieu of Law Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Community Organizations? The method used in this research is normative juridical research by studying and analyzing research objects based on qualitative data. The results of the research conclude that negating the function of the judiciary can have an impact on the recognition and protection of human rights, considering the forms of limitations, especially those regulated by law, must be tested through the judiciary mechanism to prevent the violation of that human rights. With the enactment of the Perppu on Ormsa which alters the process of revocation of legal entity status which initially had to go through a judicial process and has permanent legal force (inkracht van gewijsde), to revocation of legal entity status does not require a court decision and can be carried out by the government (as executive body) on the basis of the principle contrarisu actus is a legal policy that is inappropriate according to theory of limitations on human rights. This is due to the view that rights are not an offering from the State and this concerns the right to freedom of association and gathering

International legal status of “unrecognized states” as special political and territorial entities

Problems of determining the status of so-called unrecognized states in terms of modern international law are revealed. It is noted that the desire of different territorial entities to secede in recent years increasingly leads to the emergence of “unrecognized states” as special political and territorial entities, whose existence is one of the sources of conflict in modern world politics. Many works by both domestic and foreign scholars are devoted to the problems of determining the international legal status of “unrecognized states” and their domestic political development. However, a significant disadvantage of these scientific works is that their authors do not seek to develop general theoretical methodological approaches to the study of the phenomenon of “unrecognized states” and to determine the criteria of insolvency and non-recognition. It is noted that the study of the international legal status of self-proclaimed “unrecognized states” requires theoretical and methodological understanding, which is possible with a comprehensive scientific approach to this topic. Thus, in the current conditions of development of international relations, scholars in the field of international law, international relations and political science are faced with the task of finding optimal methodological and theoretical approaches to the study of the phenomenon of “unrecognized states”. An integrated approach to its study will help to determine the features of their domestic political development, to identify the relationship between the main trends in their formation and international legal status. The results obtained will determine the prospects for the recognition of such political and territorial entities (“unrecognized states”) with a special status and the development of their capacity. The purpose of the article is to define the term “unrecognized states”, to conduct a scientific and theoretical analysis of its content and consider the existing preconditions for its formulation, as well as to clarify the place of such political and territorial entities (“unrecognized states”) in international law. The objective of the article is to clarify the substantive characteristics of the term “unrecognized states”, the international legal status of such entities and analyze the principle of the right of peoples to self-determination and the principle of territorial integrity in the context of the emergence and existence of “unrecognized states”. The conflict in modern international law between the principle of the right of peoples to self-determination and the principle of territorial integrity, which are a prerequisite for geopolitical disputes in the current conditions of international relations is shown. Given the complexity of the practice of recognizing such entities, it was noted the need to develop clear legal norms that would regulate the procedure for the formation of such political and territorial entities (“unrecognized states”) as subjects of international law.