建立和发展顿涅茨克人民共和国和卢甘斯克人民共和国的最高国家权力机构,从宣布独立到加入俄罗斯联邦

IF 0.2 Q4 LAW
E. S. Anichkin, I. Yu. Mankovskiy, Yu. I. Kolpakova
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引用次数: 0

摘要

本研究的主题是科学理解顿巴斯人民共和国(DPR, LPR)作为未被承认的国家的最高国家当局从2014年宣布独立到2022年加入俄罗斯联邦的形成和发展。该研究的目的是确定2014年至2022年顿巴斯共和国最高国家权力机构(国家元首、议会、政府和法院)的主要特征、形成和发展阶段。研究的方法论基础是广泛的科学认知的一般和特殊方法。辩证法、分析综合法、归纳法和演绎法是一般的科学方法。比较法、制度结构法和形式法是研究的专门方法。一般的科学方法,特别是辩证的方法,使我们能够研究在与母国军事对抗和与俄罗斯政治和解的条件下,民主人民共和国和LPR最高国家权力机构宪法地位的因素和演变过程。运用比较法,对民主人民共和国、格鲁吉亚共和国和俄罗斯联邦最高国家机关的地位进行了比较分析。系统结构方法用于研究所研究当局的宪法地位的系统内变化。在正式法律方法的帮助下,对规范性法律来源进行了研究,从而有可能形成材料的呈现逻辑和所宣布主题的概念工具。DPR和LPR国家当局的组建和活动程序受到一系列法律行为的规范,这些法律行为的规范既反映了顿巴斯共和国权力机构的特性,也反映了接受俄罗斯现有宪法和法律机构的趋势。这使我们能够自信地指出,在顿巴斯共和国最高国家权力机构的演变过程中存在一些特征,这些特征反映了与俄罗斯更发达的国家体系的融合,在较短的历史时间内形成,两个共和国最高国家权力机构的组织机制和权限内容的接近,造成的。包括他们在特殊条件下形成的法律制度戒严。在现阶段将俄罗斯联邦的新主体纳入俄罗斯联邦的法律制度及其国家当局的制度时,这项研究的结果可能是有用的。结论认为,顿巴斯共和国最高权力机构的转型经历了两个阶段,目前正处于第三阶段。第一阶段的特点是形成自己的最高国家权力机构共和体制(2014-2018)。第二阶段的特点是在俄罗斯法律影响力增强的背景下,进一步改善和改变各共和国最高国家当局的地位(2018年11月至2022年)。第三阶段是在2022年9月通过DPR和LPR,并开始系统地修改有关建立俄罗斯新主体的更高国家权力机构的立法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Formation and development of the highest state authorities of the Donetsk People's Republic and the Luhansk People's Republic from self-declaration to admission to the Russian Federation
The subject of this study is a scientific understanding of the formation and development of the supreme state authorities of the People's Republics of Donbass (DPR, LPR) as unrecognized states from the time of their self-declaration in 2014 to their admission to the Russian Federation in 2022. The purpose of the study is to identify the main features, stages of formation and development of institutions of supreme state power (the head of state, parliament, government and courts) in the republics of Donbass in the period from 2014 to 2022. The methodological basis of the research was a wide range of general and special methods of scientific cognition. Dialectical, analysis and synthesis, induction and deduction were used as general scientific methods. Comparative-legal, system-structural and formal-legal methods were used as special methods. General scientific methods, especially dialectical ones, allowed us to study the factors and the process of evolution of the constitutional status of the supreme state authorities of the DPR and LPR in the conditions of military confrontation with the mother state and political rapprochement with Russia. Using the comparative legal method, a comparative analysis of the status of the highest state authorities of the DPR, LPR and the Russian Federation was carried out. The system-structural method was used in the study of intra-system changes in the constitutional status of the studied authorities. With the help of the formal legal method, a study of normative legal sources was conducted, which made it possible to form the logic of the presentation of the material and the conceptual apparatus of the declared topic. The procedure for the formation and activities of the state authorities of the DPR and LPR are regulated by an array of legal acts, the norms of which reflect both the identity of the power institutions of the republics of Donbass and the tendency to the reception of constitutional and legal institutions existing in Russia. This allows us to state with confidence the presence of a number of features in the process of evolution of the highest state authorities of the republics of Donbass, which reflect the focus on integration with a more developed state system of Russia, the formation in a short historical time, the proximity of the mechanism of organization and content of the competence of the highest state authorities of the two republics, caused, including their formation in the conditions of the special the legal regime of martial law. The results of the study can be useful at the present stage of integration of new subjects of the Russian Federation into the legal system of the Russian Federation and into the system of its state authorities. The conclusion is reasoned that the transformation of the institutions of the supreme power of the republics of Donbass has passed two stages and is currently in the third. The first stage is characterized by the formation of its own republican system of supreme state authorities (2014-2018). The second stage is characterized by further improvement and transformation of the status of the supreme state authorities of the republics against the background of increased Russian legal influence (November 2018-2022). The third stage is explained by the adoption of the DPR and the LPR into our state in September 2022 and the beginning of systematic work to change legislation regarding the creation of higher state authorities of new subjects of Russia.
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