Legal Principles of Opposition to Separatism in the Modern State

Keywords: separatism, separatist movement, opposition to separatism, non-violent struggle, separatist movements, individual traits, legal provision, enrichment of political culture.

Abstract

The objective of this article is to determine the factors that contribute to separatism in different countries of the world, as well as to find those means (forms and methods) of counteraction that would lead to an effective and preferably painless solution to such problems. The subject matter of the analysis in this article is social relations that are associated with counteracting the tendencies of separatism in the modern world, as well as the legal basis of such opposition. The following methods of scientific cognition were used while writing the article: systematic approach, logical, semantic, documentary, comparative and legal method. The urgent nature of the research problem has been noted, since the problem of the emergence of separatist movements is quite real for every country in the world. The definitions of the terms of “opposition to separatism” and “legal basis of opposition to separatism” have been offered. Suggestions in regard to overcome this negative phenomenon in a particular state have been provided. Factors that are the “catalysts” of separatism tendencies have been distinguished and stated in details. The historically recorded separatist movements and methods of overcoming them have been analyzed. The authors have made the conclusion about the individual causes and manifestations of separatism in a particular state. It has been proved that the existence of individual features associated with separatism, complicates to a large extent the creation of unique methods to combat this socio-political phenomenon. The authors have emphasized on the urgent need to improve the regulatory base of Ukraine on combating and preventing separatism, in particular, to develop and implement effective preventive, punitive and restorative mechanisms.

Downloads

Download data is not yet available.

Author Biographies

Sergiy Mykolaiovych Gusarov, National Academy of Legal Sciences of Ukraine.

Doctor of Jurisprudence, Professor, Honored Lawyer of Ukraine, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Professor of Administrative Law and Procedure Department of Kharkiv National University of Internal Affairs.

Olha Zolotar, National Academy of Legal Sciences of Ukraine.

Doctor of Jurisprudence, Senior researcher, Head of the Research Sector of the Human Rights and Security in the Information sphere of Scientific Research Institute of Informatics and Law of the National Academy of Legal Sciences of Ukraine.

Marina Belanuk, National Academy of Legal Sciences of Ukraine.

Doctor of Philosophy, Candidate of Juridical Sciences, Scientific Secretary of Scientific Research Institute of Informatics and Law of the National Academy of Legal Sciences of Ukraine.

Liudmyla Viktorivna Svyrydova, Kharkiv Research Institute of Forensic Examinations.

PhD in Law, Head of the Laboratory of Handwriting analysis, Linguistic, Psychological and Art Critic Researches of Kharkiv Research Institute of Forensic Examinations.

References

Batyrhareieva, V. S., Netesa, N. V. (2014). Regarding the Problem of Determining Punishable Forms of Separatism. Law and Safety, 1 (52), 65–70.

Brockhaus, F. A., Efron, I. A. (1902). Small Encyclopedic Dictionary. St. P.: Brockhaus - Efron, Vol. 3. 1994 p.

Danchenko, K. M. (2015). Dangerous Tendencies of Using Criminal and Legal Policy in the Sphere of Punishment for Separatism in the Political Project of State-Building. Law and Society, 6, 166–169.

Divak, V. (2010). Separatism as the Phenomenon of Modern Politics: politological and legal aspects: monograph. Kyiv: Lohos. 224 p.

Draft Law of Ukraine “On Counteracting and Preventing Separatism and Overcoming the Consequences of Separatist Activities in Ukraine (Anti-Separatization)” (Register No. 0945 dated from November 27, 2014). Retrieved from http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=52391.

Dromov, S. V. (2016). Problems of Legislative Provision for Combating Separatism in Ukraine. Retrieved from http://old2.niss.gov.ua/content/articles/files/separatuzm-0bc80.pdf.

Encyclopedic Dictionary of Public Administration (2010) / under edition of Yu. V. Kovbasiuk, V. P. Troshynskyi, Yu. P. Surmin. Kyiv: NADU.

Encyclopedic Dictionary of the Russian Bibliographic Hranat Institute. (1983). M.: Russian Bibliographic Hranat Institute. Vol. 21. 640 p.

Karpets, A. (2017). Separatism in Ukraine and Its Social Causes. https://enovosty.com/uk/politika-ukr/full/706-separatizm-v-ukraini-ta-jogo-socialni-prichini.

Kopotun, I., Misyura, A. (2017). Counteraction to Separatism. Public Law, 3(27), 167-171.

Kosilova, O. I. (2017). Separatism in Ukraine: Precautions, Causes, Ways of Counteracting and Normative-Legal Regulation of Counteraction. Constitutional and legal academic studies, 4, 19-27.

Kresina, I. (2014). Opposition to Separatism in Ukraine. Legal base. National Prosecution Academy of Ukraine. Kyiv. Vol. 2. 430 p.

On National Security of Ukraine: Law of Ukraine dated from June 21, 2018 No. 2469-VIII. Retrieved from https://zakon.rada.gov.ua/laws/show/ru/2469-19.

On the decision of the National Security and Defense Council of Ukraine dated from September 2, 2015 “On the New Edition of the Military Doctrine of Ukraine”: Presidential Decree dated from September 24, 2015 No. 555/2015. Retrieved from https://zakon.rada.gov.ua/laws/show/555/2015.

On the decision of the National Security and Defense Council of Ukraine dated from May 6, 2015 “On the National Security Strategy of Ukraine”: Decree of the President of Ukraine dated from May 26, 2015 No. 287/2015. Retrieved from https://zakon.rada.gov.ua/laws/show/287/2015.

Reznikova, O. and others. (2016). International Experience in Combating Separatism: conclusion for Ukraine: analytical report. K.: NISD, 2016.

Rubashchenko. M. A. (2017). The Problems of Using the Concept of “Separatism” in the Criminal Law Sphere. Herald of the Association of Criminal Law of Ukraine, 2(9), 88-104.

Shanghai Convention on Combating Terrorism, Separatism and Extremism dated from June 15, 2001. Retrieved from http://rus.sectsco.org/documents.

The RAND Corporation: http: //www.rand.org/.

UN General Assembly Resolution No. A/RES/3314 (XXIX) dated from December 14, 1974. Retrieved from https://undocs.org/en/A/RES/3314 (XXIX).

Vitman, K. M. (2014). Peculiarities of Separatisation Process in Ukraine. Relevant Problems of Politics, 53, 19-28.

Vitrova, D. V. (2016). Social and Legal Conditionality of Criminal Liability for Separatism. Law Review of Kyiv University of Law, 4, 332–336.
Published
2020-05-18
How to Cite
Gusarov, S., Zolotar, O., Belanuk, M., & Svyrydova, L. (2020). Legal Principles of Opposition to Separatism in the Modern State. Amazonia Investiga, 9(29), 29-36. https://doi.org/10.34069/AI/2020.29.05.4
Section
Articles