Sovereignty implies ... The concept, types of sovereignty. National sovereignty

Man at all times was a herd - outside of society, none of us can not exist. Therefore, people created social formations for a long time. The first were communities based on the kinship of their boats. Further development led to the emergence of tribes. But with the evolution of social relations, such formations have ceased to cope with the function of coordinating the activities of people, because the society has constantly expanded. Therefore, over time tribal communities become states.

Such structures are distinguished by the existence of power, centralized government bodies, legal methods of influencing society, etc. The external characteristics of countries are of great importance. If tribal communities practically did not enter into external relations with other formations, in the modern world, states actively interact with each other. But that the country could be a subject of international relations and recognized as other similar formations, it must own sovereignty.

This phenomenon has been actively investigated since the emergence and establishment of democratic trends. This led to the fact that today, sovereignty is a complex category, built on its own principles and having certain types.

The concept of sovereignty

As mentioned earlier, the state is a complex social formation. Sovereignty, in turn, is the basis of its direct construction. It should be noted that this is primarily a legal concept. It, along with territory, population and power, is a part of the legal regime of each state separately.

Sovereignty presupposes real independence of the country in both internal and external relations. It should be noted that there are several identical concepts that characterize the independence of narrower social groups than the state.

History of appearance

The principle of sovereignty or the category of sovereignty appeared in the legal science for a long time. The concept was first introduced by Jean Bodin, a politician who lived in the 16th century. Initially, complete independence of the state was not supposed to be sovereignty. The category was characterized by the sovereign power of the overlord versus his vassals.

That is, sovereignty is the supreme authority of the monarch. This interpretation emerged because of the specifics of the regulation of interstate relations in those days. After all, almost all activities were coordinated by the norms of canon law, according to which the supreme ruler was recognized exclusively by the Pope.

Conclusion of the Westphalian world shook this state of affairs. According to this agreement, the states gained sovereignty at the level of internal affairs and in the sphere of trade relations. Great importance was played by the territory of the state. It was she who became the main measure of the existence of this social category.

Signs of sovereignty

Any legal phenomenon is characterized by certain features. It is thanks to them that it is possible to single out a specific category as absolutely independent. As mentioned before, sovereignty presupposes the existence of independence of the external and internal orientation. On the basis of this, a number of key features of two types can be distinguished:

1. Internal signs of sovereignty are recognized: the supremacy of power and its independence. The first aspect testifies to the unconditional prevalence of power absolutely on all persons residing in the territory of the state. Supremacy in this case is ensured, firstly, by laws, and secondly, by the existence of a coercive mechanism. As for the independence of state power, this aspect is characterized by independence from the influence of other types of authorities.
2. There are also external signs of sovereignty. The main thing is the independence of the authorities from foreign influence. In other words, any state should not coordinate the activities of the country and dictate its own conditions. In addition to this, there is a sign of a legislative monopoly. It implies the impossibility of issuing normative acts on the territory of a certain country by the authorities of a foreign state.

Thus, sovereignty implies complete freedom of the country from any kind of influence. Therefore, this category can be described as a complex legal phenomenon.

Sovereignty in International Relations

The category presented in the article plays a great role in the process of interconnection between countries. It is one of the key principles of international law. It is fixed in most modern acts, for example, in the UN Charter.

The essence of sovereignty is that only independent states can enter into international relations. That is, integral, politico-social "organisms", in which the legitimacy, legitimacy and independence of power prevail. In other words, independent states are the key "players" of the international arena.

Types of sovereignty

The presented legal phenomenon has several specific branches. As mentioned earlier, the classification is based on the size of a specific social formation, to which sovereignty is attributed. In accordance with this, it is possible to distinguish three main types of independence that are highlighted in the constitutional law of many countries, including in the Russian Federation, for example:

• State sovereignty;
• The people's;
• National.

The first type characterizes independent states, as already mentioned. In turn, the sovereignty of the people and nationality, or ethnos, is characterized by some specific aspects.

Independence of the population

People's sovereignty presupposes democracy. In this case, there is nothing in common with the independence of the state structure. Because the people's sovereignty determines the freedom of the society in the process of realizing and creating power. This category is characterized by two main features, namely:

• The people belong to all, without exception, power in the state, which it implements through representative bodies;
• The people have the right to exercise power directly.

This category plays a significant role in the process of building the state. After all, the sovereignty of the people's power is the basis of democracy in its classical form. Such a state of affairs, in which the society is the main source of the country's activities, exists today in most countries. For example, the sovereignty of the Russian Federation is built, first of all, on the supreme power of the people, which realizes it through the central bodies.

National independence

There is such a kind as national sovereignty. In most cases, it is identified with the people, but these categories are absolutely opposite.

National sovereignty comes from the international legal principle of self-determination of the nation. That is, any, without exception, ethnic group can determine its own form of government, the structure of society, the economic system, etc. This possibility is inherent in any nation.

Sovereignty of this type is due in large part not to the right, but to the historical development of mankind. That is, at one time or another a nation realizes its vital interests and creates a qualified socio-political structure. In the theory of constitutional law it is considered that the sovereignty of a nationality supplements the state.

Sovereignty of Russia

The Russian Federation today is an independent and democratic state. Its sovereignty is based on the supremacy of the people's power and certain legal documents. In this case, it should be noted that in Russia there is one key document that regulates the political and legal foundations of the country, including sovereignty. The Constitution is a similar legal act.

It contains provisions that formalize the independence of the state in internal and external relations. A declaration of sovereignty is also of great importance. This act in its time was fixed the output of the RSFSR from the Soviet Union and the creation of a new state - the Russian Federation.

Possibility of intervention

According to modern international legal trends, sovereignty presupposes the state's duty to protect its population against any threats. If this responsibility is not possible, it will be entrusted to the international community. That is, in this case there is a direct possibility of external interference, violation of the sovereignty of the state.

Thus, the existence of any state is conditioned by its freedom in external and internal relations. This is possible only in the presence of sovereignty - a complex right phenomenon, the study of which does not stop to this day.