an ethnic question as the factor of transformation of the territorial device of the state

Above we have established, that the reason on which Spain and the Great Britain have followed a reform way territorially-political system, was nereshennost an ethnic question caused ethnic mnogosostavnostju of the population.

In the domestic doctrine we, unfortunately, did not manage to find out any work in which territorialnopoliticheskoe the device of the specified states would be considered within the limits of the rather-legal approach taking into account the principal cause which has led to changes in konstitutsionno-legal regulation of the territorial organisation of the public power in them. However in the western doctrine such works meet - as an example we can result basic research of the Scottish professor of Item Tirneja, devoted to influence of the national factor on development of modern constitutionalism in which frameworks as objects of comparison three territorially-political units - Quebec act, Catalonia and Scotland [129].







In the above-stated countries the nations forming them (first of all Catalans and Basques in Spain, Scots in the Great Britain) if to speak R.Chellena's language, felt mature. Differently, there has come that moment when the nation źthirsts for recognitions of this fact from others╗ and źdemands acknowledgement of own existence in the form of the state╗ [130]. In a context of the answer to the given call within the limits of a legal field źspeech can go both about transformation of the form of a state system, and about such structural transformations which directly do not influence the state form, and are connected basically with application of various forms of an autonomy╗ [131]. Thus, there is a question: whether there is a transformation (form change) territorially-political system, initially caused by necessity of the decision of a problem of international relations, at political autonomism in scales of all state?

Within the limits of the present research we will adhere to the affirmative answer to the given question, not finding today support among domestic researchers though the autonomism fact in scales of all state is considered at creation of classifications by a number of authors, in particular N.M.Kasatkinoj and V.V. Ivanov [132].

In advantage of a position offered by us speaks two circumstances. In - the first, in case of the Great Britain and Spain the national problem has captured all or the territory most part, owing to what investment of separate parts with the right of a political autonomy within the limits of preservation of the unitary form

Territorially-political system it is not obviously possible [133]. In - the second, the federal form has territorially-political system shown the inconsistency for the permission of national contradictions, as bright acknowledgement to that is served by federal experiment in the Socialist Federal Republic Yugoslavia.

Besides, possibility of national federations is everywhere denied and in modern theoretical researches. As marks E.A.Kremjansky, źin the western science the federation practically was not considered as a way of the decision of an ethnic question, the form of overcoming of national friction, contradictions.... Historical tendencies to formation of federations by association of territories confirmed the territorial factor as the basic at federative state formation╗ [134].

As to a domestic science of a constitutional law, both in pre-revolutionary, and during the Post-Soviet period there are unequivocal statements: the federalism cannot serve as way of the decision of an ethnic question. So, in the beginning of the XX-th century of F.F.Kokoshkin has fairly noticed, that źthe beginning federal and the beginning national not only are not identical among themselves, but at the subsequent development can enter irreconcilable contradictions╗ [135]. The similar position is occupied also with modern researchers, in particular M.V.Baglaj who has noticed, that źin one western country where the federalism has affirmed, it not

It was considered and is not considered as the form of the decision of a so-called ethnic question ╗[136].

At the same time, despite the arguments put above presented both in pre-revolutionary, and in the modern Russian doctrine of a constitutional law, and today there are the researchers positively estimating prospects of ethnic federalism. The especially brightly given position is presented in M.F.Farukshina's considering researches, that źethnic federations is the reality caused by a number of factors, as the main thing from which the multinational structure of a society reflected in the state building╗ acts, and itself etnichnost - źthis politically neutral phenomenon which is not comprising any political ends though it can be used and is used for their achievement╗ [137].

However it is impossible to agree with the specified argument for a variety of causes. In - the first, federations where the ethnic question mentions all components of the state, not and it is a lot of, and in Europe and at all one - Belgium, territorialnopoliticheskoe which device as it has been noted which differs the uniqueness. Thus, it is available apparent defect of an empirical material which would allow to make generalisation resulted by M.F.Farukshinym. Secondly, itself etnichnost in any way it is impossible to recognise as politically neutral phenomenon - we will recollect the endurance resulted above from R.Chellena! Etnichnost, taken as a principle the state building, always finally resulted or in disintegration of federations, or to their balancing on the verge of disintegration.

As a whole the federal device at the initial stage can and promote the ethnic question decision, however in process of realisation in practice of a principle of the federalism increasing volume of the competence of the subject


Such federation, last will demand more and more new powers, blackmailing the centre threat of branch and appealing to the special konstitutsionno-legal status. Finally the national power will be compelled to be beyond a legal field for separatism prevention as traditional forms of the control will show the inefficiency, and change of a konstitutsionno-legal status of the subject will be complicated, on the one hand, owing to the procedural moments, vjazannyh with acceptance of the constitutional amendment, and with another - participation of ethnic subjects in the course of its acceptance as the federal device means guarantees for subjects in decision-making on obshchefederalnom level including in a question of change of the organic law.

The criticism of the approach M.H.Farukshina once again confirms, that for the ethnic question decision the flexible system of the territorial organisation of the public power, especially is necessary when the society differs essential monogosostavnostju, and practically all territory of the state is divided between compactly living groups. Creation of flexible system has been used for the first time in Spain in the Constitution of 1931, and then and in the Constitution of 1978 its Essence was reduced to political autonomism in scales of all state, thus the political autonomy had one essential advantage - despite wide volume of delegated powers, the constituent power zakrepbljalas behind national level. Since 1997 in frameworks devoljutsionnogo process such model of the territorial organisation of the public power was gradually entered and into the Great Britain where the right of a political autonomy at first had been allocated Scotland and Northern Ireland, then - the Wales, and more recently - and England.

So, features of the constitutional models of the territorial organisation of the public power in Spain and the United Kingdom allow 142 to say that in them, as well as in case of Belgium, there was a form transformation territorially-political system which has been caused by necessity of the permission of an ethnic question, preservations of the state unity and separatism prevention. However, if in Belgium it became result of process federalizatsii, in Spain and the Great Britain - political autonomism in scales of all state. Accordingly, these states, unlike the Belgium which have become by federation, were transformed in regionalistskie the states which we suggest to consider as the special form territorially-political system, excellent both from the unitary state, and from federation.


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A source: Molchakov Nikita Jurevich. THE CONCEPT OF THE REGIONALISTSKY STATE AND ITS REALIZATION IN THE UNITED KINGDOM THE GREAT BRITAIN And NORTHERN Ireland. The dissertation on competition of a scientific degree of the candidate of jurisprudence. Moscow - 2018. 2018

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