Самоопределение народа как феномен политики и права

Abstract

Self-determination is one of the basic foundations for human activity related to both an individual and his communities of different kinds; it creates circumstances and relations and history as a whole. At the same time the right to self-determination, like other human rights to life, development and culture is a fundamental human and civil right, the right of communities and humanity as a whole. The article considers a particular phenomenon of self determination — the self-determination of the people — in a system of domestic ethnic and international politics, national and international law, i. e. the self-determination of the people as a political and legal phenomenon. The following idea is stated and developed: the realization process of the self-determination of the people is inevitably related to a democratic national order of social life, whereas distorted forms of the people's self-determination, and moreover, obvious suppression of the people's right to self-determination, are related to various forms of political dictatorship. The article gives an expanded analysis of the structure and contents of the self-determination of people concept and phenomenon as a complex system of definition, establishment and ensuring of the political, economical, social and cultural status of the people striving for independence and national sovereignty; of the definition, establishing and ensuring its status as the owner of both natural and social resources of the country. The article also analyses the problem of the principle of people's self-determination and its limitations as both the phenomenon and the right in contemporary international law and politics.