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The Features of State Sovereignty of the Belarussian-Russian Union State Participants

https://doi.org/10.17803/1729-5920.2017.122.1.198-206

Abstract

The article examines the features of State sovereignty of the Common States parties, namely Russia and Belarus, uniqueness and originality of which is defined by the presence of the confederate, federal and international links between them. The problem of the sovereignty of the state parties to the Common State, its partial restrictions is in extraordinary demand in today's world. The article analyzes the process of consistent passing phases of increasingly close integration of rapprochement of Russia and Belarus: participation in the Customs Union (1995), the Education Community of Belarus and Russia (1996), the Union of Belarus and Russia (1997) and, finally, the last major milestone (December 1999)-signature of the Treaty on the Union State. The article reveals the characteristics of the created supranational bodies formed under the Treaty on the Union State between Russia and Belarus. The analysis of the difficulties of their proper functioning is carried out. The article also examines the ratio of legal personality of the State unions with legal personality. It is concluded that the combination of the legal personality of the Common State, formed by Russia and Belarus, with universal legal personality of state parties of the Union allows specified subjects of international relations to be self-sufficient participants in foreign relations and at the same time interact successfully in foreign policy, on issues of mutual (in the global community, across Europe, in the framework of the CIS, in between relationships) interest. The Common State formed by Russia and Belarus is believed to possess the general right to participate in international relations. At present, however, this right is not regulated by relevant provisions, forms of participation of the Federal States in the activities of international organizations are not refined (full, associate membership, cooperation on a contractual basis, responsibility for compliance with international obligations).

About the Author

N. B. Pastukhova
Kutafin Moscow State Law University
Russian Federation


References

1. Артемова В. Н., Маликов О. П. Союз Белоруссии и России: правовая природа и правосубъектность. - Минск, 1998.

2. Проблемы суверенитета в Российской Федерации. - М., 1994.


Review

For citations:


Pastukhova N.B. The Features of State Sovereignty of the Belarussian-Russian Union State Participants. Lex Russica. 2017;(1):198-206. (In Russ.) https://doi.org/10.17803/1729-5920.2017.122.1.198-206

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)