ПРАВО НА САМОВИЗНАЧЕННЯ ТА СЕЦЕСІЯ

Abstract

In this article the problem of secession in the context of the basis of territorial integrity as a principle of constitutional and international law is revealed. Through the prism of a coherent interpretation of the legal matter in connection with sociology, political science and culture study the dilemma of the right to the self-determination and secession is analysed. The collapse of the empires and the emergence of a national liberation movement often become a catalyst for the emergence of new states and serve as conditio sinae qua non this process. The right to secession of a particular community is determined by its ability to identify and create viable institutions of public administration aimed at protecting human rights. In case-law, there is a consistent position regarding the need to comply with conditio sinae qua non requirements, according to which secession is the last resort to ensure the identity of certain communities. The "transit" secession in Kosovo and the Crimea does not correspond to the indicated criteria, because it violates the territorial integrity of the state and the inviolability of the state borders as fundamental principles of constitutional and international law. It is concluded that overcoming the dilemmas of the right to self-determination and secession should be sought in the mission of a modern legitimate democratic constitutional state which is based on ensuring the free development of the individual on the basis of his own identity and guarantees of social integration. Key words: identity of communities, nation, people, principles of law, right to self-determination, secession, territorial integrity.