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THE CONCEPT AND ESSENCE OF PUBLIC-LAW ENFORCEMENT OF STATE SOVEREIGNTY

Abstract

In the conditions of sharp aggravation of the international and political situation in the world and risks for the existence of the Russian Federation, the central place in the activities of public authorities is given to ensuring state sovereignty. In modern conditions it is required to create an adequate to new challenges and threats concept of public-law provision of state sovereignty of the country, based on a modern theoretical basis, including the latest achievements of public-law (state-legal) sciences.

The authors consider different approaches to the definition of the essence and content of the concepts of "public-law provision" and "internal state sovereignty". The study revealed that the first of them has not yet received proper theoretical substantiation, and the second, despite the centuries-old history of study and a large number of special legal works, is characterised by numerous and often contradictory interpretations, including those in strategic planning documents. The current situation hinders the solution of one of the most complex and serious theoretical and applied tasks, on which the security of the Russian Federation and its further progressive socio-economic development largely depends.

The authors substantiated the conclusion that the public-law provision of internal state sovereignty of the Russian Federation should be considered in a broad and narrow sense. In a broad sense, it represents an optimal combination of lawmaking and law enforcement based on a sufficient level of legal culture, which allows stable and sustainable functioning of public power and public administration in the country, to ensure the balance of public and private interests, rights and freedoms of citizens in the face of new challenges and threats.

In a narrow sense, public  law provision of internal state sovereignty is reduced only to normative legal acts of various legal force, regulating the organisation and functioning of public authority, the implementation by its bodies of managerial functions and powers, interaction with civil society institutions and business, taking measures to ensure the rights, freedoms and legitimate interests of citizens and organisations in changing conditions.

About the Authors

Sergey Zubarev
Kutafin Moscow State Law University (MGYA)
Russian Federation

Head of the Department of Administrative Law and Process, Doctor of Law, Professor



Denis Troshev
Kutafin Moscow State Law University (MGYA)
Russian Federation

Associate Professor, Department of Administrative Law and Process, PhD in Law



References

1. Krasner, S.D., (1999). Sovereignty: Organised Hypocrisy. Princeton: Princeton University Press. 264 p. (In English).


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Zubarev S., Troshev D. THE CONCEPT AND ESSENCE OF PUBLIC-LAW ENFORCEMENT OF STATE SOVEREIGNTY. Kutafin Law Review. 2024;11(3).

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ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)