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Introduction

Urgency of a theme of research. territorialnopoliticheskogo state devices in domestic jurisprudence many researches are devoted questions. Distinctive feature of the overwhelming majority of them is subject isolation owing to what their authors give not enough attention to achievements both the various humanities, and other branch legal disciplines.

Attempts to carry out complex researches, for example, federalism as principle of the organisation of the public power in slozhnosostavnom the state conduct only to «to growth of volume and without that proceedings not differing by compactness» [1], thus nothing enriching in our case a constitutional law science. Such state of affairs speaks that fact, that integrated approach can be identified with comprehensive research in which frameworks synthesis of achievements of variety of the humanities is carried out. However the given approach has also an alternative - carrying out of interdisciplinary researches, including and territorially-political system the states.

As a whole to speak about popularity of the interdisciplinary approach in domestic jurisprudence, especially in the field of public law, it is not necessary [2]. At the same time carrying out of such researches possesses rather serious scientific potential, however demands not only additional knowledge in the field of adjacent legal disciplines and achievements of other humanities, but also ability to interpret the last from the point of view of features of a subject and a jurisprudence method.

In the present research it is offered to study in a complex

Konstitutsionno-legal regulation territorially-political

Devices of the United Kingdom of the Great Britain and Northern Ireland. The interdisciplinary approach taken as a principle to given work also gives it a special urgency. Thus in work rare attempt for the domestic konstitutsionno-legal doctrine is undertaken to develop methodology of use of achievements of other humanities at the analysis territorially-political system the states.

Such approach to studying of a considered element of the form of the state has great value as for the legal theory to which representatives all becomes more difficult to establish today the general laws of development of the state and the right owing to limitation of the existing conceptual device, and for a constitutional law as the branch legal discipline which are engaged in the analysis of models of the territorial organisation of the public power in the concrete countries which can not keep within a dichotomy traditional for a domestic science «the unitary state - federation» even under condition of presence of narrower tipology in it [3].

Thanks to application of the interdisciplinary approach in the present research presence of the new form of the state device - regionalistskogo the states, excellent as from federation, and the unitary state is established. Thus in work the theory regionalistskogo the states, on the one hand, is developed and its basic distinctive signs are defined, and with another - realisation of the given concept in the United Kingdom the Great Britain and Northern Ireland within the limits of legal interpretation of some doctrine positions about the territorial organisation of the public power of Norwegian political scientist St. Rokkana is analyzed.

It is important to notice, that carrying out of the present research initially did not demand working out of separate methodology, but gradual consideration of the constitutional norms defining territorially-political system the Great Britain, and also the konstitutsionno-legal doctrine developing round them has shown impossibility of deep scientific judgement of the constitutional model in the terms traditional for domestic jurisprudence.

First of all necessity of use of achievements of other humanities has been caused by that the question on the form territorially - a state political system in the British tradition is developed not by lawyers-constitutionalists, and representatives of a political science. Owing to it offered research also has been compelled to get character interdisciplinary, setting as the purpose enrichment of the conceptual device of a domestic science of a constitutional law. Thus developed within the limits of the given work on an example of the Great Britain the methodology can be applied and at research territorially-political system others slozhnosostavnyh the states (partly in research features of the territorial organisation of the public power in Spain are mentioned), that once again confirms its urgency and the theoretical importance.

However the present research considers also the second display mezhdistsiplinarnosti - possibility of joint studying of a question about territorially-political system states within the limits of several branch legal disciplines, in our case of the constitutional and financial right. Such approach allows to establish interrelation between efficiency (or, on the contrary, fictitiousness) konstitutsionno-legal regulation of the territorial organisation of the public power and the norms directed on maintenance of subjects of conducting, delegated to the territorial units, corresponding powers in the field of the finance. Amazingly, but within the limits of the given context the generality (including and lacks) the constitutional models of differentiation of subjects of conducting and powers between the Russian federalism and the British regionalism [4] is observed.

Perfection of the domestic legislation on the basis otrefleksirovannogo foreign experience, instead of simple loan from the foreign right has a special urgency. In our case it is a question of development of the constitutional positions defining, on the one hand, the budgetary device of the difficult state, and with another - a financial autonomy of its components. The accurate formulation of the norms regulating specified questions at level of the organic law, should promote overcoming of that rupture which exists between the legal and actual territorial constitution, after all «by means of development of the constitutional bases of budgetary activity in the course of federal, regional and municipal pravotvorchestva perfection of the mechanism of budgetary-legal regulation is carried out, legal bases of a principle of federalism in the budgetary right» [5] are realised. Such approach, undoubtedly, does the present research actual and in the practical plan - its results can be used the domestic legislator at development of corresponding positions of the Constitution of the Russian Federation 1993, and also norms of the branch legislation.

Degree of a readiness of a theme of research. Despite a significant amount of the researches, devoted territorially-political system foreign states, in the United Kingdom to the Great Britain and Northern Ireland monography S.I is devoted detailed studying of a question on the territorial organisation of the public power only.

Kodanevoj, issued in 2004 году5 [6]. At the same time its author was limited mainly to the analysis of positions of certificates operating on that moment devoljutsionnogo legislations, not having given due attention to the British konstitutsionno-legal doctrine.

Besides the specified monography, territorially-political system the Great Britain are devoted only a number of articles [7] and corresponding heads of the basic manuals of a constitutional law of foreign countries [8]. Besides, the question on the territorial organisation of the public power in the United Kingdom is mentioned in some politological researches, in particular N.V.Ereminoj, A.A.Orlovoj and P.A.Karakchieva's works [9].

As to a question about regionalistskom the state as to the form territorially-political system here it is possible to note a number of rather interesting domestic researches prepared by T.A.Vasilevoj, V.E.Chirkinym, I.V.Leksinym, A.A.Troitsk, etc. authors [10]. As a whole, practically all from the listed constitutionalists (except I.V.Leksina) recognise that regionalistskoe the state is not the special form territorially-political system and represents the decentralised unitary state which is in process of transformation in federation.

The special attention in domestic researches is given also to questions of decentralisation of the public power which is representing itself as a way of reform territorially-political system in overwhelming majority of foreign countries, and also territorially-political system modern federative states [11]. However, despite a wide spectrum of detailed regional geographic researches to note any research devoted to decentralisation and having general-theoretical character, it is not obviously possible.

Rather richer material for research give us foreign, including the British, konstitutsionno-legal doctrine, and also political regionalistika, differing wide pluralism of opinions of the territorial organisation of the public power. In a context of the present work it is necessary to note the concept of the compound state developed by the Spanish authors (Z.Verne, Z.Andrju) [12], the concept of the allied state of Item rokkana and D.Urvina [13], the doctrine of the British authors about essence devoljutsii (V.Bogdanor, J. Mitchell, To Pilkington, etc.) [14]. Also the researches having general-theoretical character, in particular D.Elazara, M.Kitinga, B.Smith and V.Svendena's works [15] Besides, are worthy.

Theoretical basis of research. Owing to that offered dissertational research is based on the interdisciplinary approach, its theoretical basis was made by works of representatives of variety legal and nejuridicheskih - theories of the state and the right, a constitutional law, the financial right, the budgetary right, the political theory and political regionalistiki.

Among domestic general-theoretical researches of the state and the right, including mentioning and questions of methodology of jurisprudence, it is necessary to allocate works of such authors, as M.M.Kovalevsky, M.N.Marchenko, V.S.Nersesjants, V.A.Chetvernin, E.E.Oksamytnyj, V.V. Ivanov, A.A.Malinovsky, etc.

The Russian konstitutsionno-legal doctrine in research

It is presented by works pre-revolutionary (N.M.Korkunov, N.I.Lazarevsky, F.F.Kokoshkin, M.J.Pergament, M.J.Lazerson, etc.) and modern writers (M.V.Baglaj, A.M.Arbuzkin, K.V.Aranovsky, G.N.Andreeva, I.A.Alebastrova, V.E.Chirkin, J.I.Lejbo, G.P.Tolstopjatenko, M.A.Isaev, V.A.Tomsinov, I.A.Rakitsky, etc.). The special attention is given to the proceedings devoted directly to questions territorially-political system

The states, including and the territorial organisation of the public power in the Great Britain as which authors such researchers as T.A.Vasileva, N.I.Dobrynin, I.A.Konjuhova (Umnov), I.V.Leksin, E.A.Kremjansky, A.A.Troitsk, J.V.Kim, V.A.Tcherepanov, S.I.Kodaneva, L.M.Karapetjan, etc. besides, in work presents also domestic researches in the field of the financial and budgetary right act, prepared by R.A.Shepenko, J.A.Krohinoj, P.I.Yeliseyev, etc.

The foreign konstitutsionno-legal doctrine mentioning questions territorially-political system of the state, is presented G.Ellineka, H.Pinelja, Z.Andrju's by works, M. B de Felipe, Z.Verene, etc. Among works of the British authors for the present research great value had as the composition of patriarchs of the British science of a constitutional law (A.Dajsi,

E.Mej, V.Enson, F.Mejtland), and works of more modern researchers, in particular J. Oldera, V.Bogdanora, J. Mitchell, K.Pilkingtona, P.Lejlanda, E.Gembla, etc.

Among the politological researches used in the present work, it is necessary to note works as domestic (I.M.Busygin, M.G.Mironjuk, N.V.Eremina, A.A.Zaharov, G.T.Sardarjan, etc.), and foreign authors (Item rokkan, D.Elazar, U.Rajker, P.King, R.Uotts, etc.).

Scientific novelty of dissertational research is caused by absence in a domestic science of a constitutional law of the researches devoted to the territorial organisation of the public power of the United Kingdom of the Great Britain and Northern Ireland and combining, on the one hand, the analysis of the British konstitutsionno-legal doctrine, and with another - the basic constitutional certificates defining the form of the territorial device of the considered state.

As object of dissertational research the public relations connected with territorial distribution of the public power in the United Kingdom of the Great Britain and Northern Ireland act.

Subject of dissertational research are konstitutsionnopravovye the norms regulating the territorial organisation of the public power in the United Kingdom of the Great Britain and Northern Ireland and allowing to identify the considered state in quality regionalistskogo, and also the konstitutsionno-legal doctrine.

The theoretical and practical importance of work. Within the limits of the present research by the author of dissertation attempt of creation of the theory is undertaken

regionalistskogo the states as special form territorially-political system (excellent both from unitary, and from a federative state) which positions substantially supplement approaches existing in a domestic science to consideration of the specified phenomenon. Besides, the author of dissertation develops methodological aspects of research

Territorially-political system the states within the limits of the interdisciplinary approach.

The conclusions received as a result of the present research, can be used in teaching (within the limits of courses of the theory of the state and the right, history and methodology of jurisprudence, a comparative constitutional law), scientifically-expert, and also zakonoproektnoj (perfection of legal regulation of the territorial organisation of the public power and the budgetary device of the Russian Federation) activity.

The purpose of the present research consists in all-round and system studying territorially-political system the United Kingdom the Great Britain and Northern Ireland as regionalistskogo the states.

Object in view achievement assumes the decision of following scientific problems:

- To develop research methodology territorially-political system within the limits of the complex (interdisciplinary) approach to its studying;

- To define those achievements nejuridicheskih which at their transformation from the point of view of a subject and a jurisprudence method could enrich modern konstitutsionno-legal researches of questions territorially-political system the states;

- To reveal scientific potential of research territorially-political system the states on a joint constitutional and financial, in particular budgetary, the rights;

- To define the basic tendencies of konstitutsionno-legal regulation of the territorial organisation of the public power at the present stage;

- To designate the basic differences of decentralisation and federalizatsii as ways of reform territorially-political system the states;

- To define degree of influence of the ethnic factor on a choice of a way of reform territorially-political system the states in the European countries;

- To develop the theory regionalistskogo the states as special form territorially-political system the states, to establish the reasons of its occurrence and to define its qualifying signs;

- To analyse the basic doktrinalnye approaches to definition territorially-political system the United Kingdom the Great Britain and Northern Ireland in the British science of a constitutional law;

- To consider devoljutsiju as a category of the British science

Constitutional law and a way of reform territorially-political system the Great Britain to define its signs, and also to reveal its basic differences from federalizatsii as alternative way

Transformations of the territorial organisation of the public power;

- To define the basic national features territorially

Political system of the modern Great Britain as regionalistskogo the states;

- To consider the constitutional models of realisation devoljutsii in

The relation of the basic regions of the Great Britain to define

The constitutional bases of financial maintenance of redistribution

The public power between national and regional levels in

The United Kingdom the Great Britain and Northern Ireland.

Methodology and research methods. A methodological basis of research have made general scientific (deduction, an induction, synthesis, the analysis) and specially legal (is formal-dogmatic, istoriko-legal, rather-legal) methods. The special place in the present work occupies the kritiko-legal method actively developed today A.A.Malinovsky [16]. Its use is caused, on the one hand, mezhdistsiplinarnostju the researches, demanding legal interpretation of achievements of variety of the humanities, and with another - necessity of the analysis of a considerable quantity domestic and foreign doktrinalnyh the sources rather differing both the used terms framework, and the approach to consideration territorially-political system the states in whole and the Great Britain in particular.

The substantive provisions which are taken out on protection. As a result of the carried out scientific research by the author of dissertation the substantive provisions which are taken out on protection are formulated. Their novelty consists that they change the settled sights at territorially-political system United Kingdom the Great Britain and Northern Ireland, and also methodology of its studying.

1. The author of dissertation asserts, that studying of territorially-political system modern state including the territorial organisation of the public power in the United Kingdom the Great Britain and Northern Ireland, it is necessary to carry out within the limits of the interdisciplinary approach, interpreting the basic achievements of other humanities, in particular the political theory, from the point of view of features of a subject and a jurisprudence method.

2. On the basis of the spent analysis the author of dissertation asserts, that regionalizatsija - the term actively used by the Russian and foreign authors for the characteristic of changes of the constitutional regulation of the territorial organisation of the public power in foreign countries including in the United Kingdom the Great Britain and Northern Ireland, does not represent a separate konstitutsionno-legal phenomenon and is used only as a synonym of administrative or political decentralisation, and also federalizatsii.

3. As a result of the carried out research by the author of dissertation it is established, that political decentralisation in scales of all state when the right of a political autonomy for the decision of an ethnic question and preservation of the state unity, allocates all territorial units, konstituiruemye in separate level of the public power, conducts to transformation of the form of a state system and creation regionalistskogo the states.

4. The author of dissertation proves allocation regionalistskogo the states as the special form territorially-political system the states. In the present research by the author of dissertation the basic signs regionalistskogo the states are defined, allowing to distinguish it as from unitary, and the federal form of a state system.

5. By the author of dissertation it is established, that, despite presence in British gosudarstvovedenii two approaches to form definition territorially-political system the state and, accordingly, two approaches to maintenance definition devoljutsii as way of its reform, they are not mutually exclusive, and, on the contrary, supplement each other. The author of dissertation asserts, that regionalistskoe the state which today is Connected

The kingdom of the Great Britain and Northern Ireland, thus, combines two fundamental principles of the British statehood - a principle of parliamentary leadership and the right of national regions to political self-management.

6. On the basis of the spent analysis devoljutsionnogo legislations by the author of dissertation it is established, that territorially-political system the United Kingdom to the Great Britain and Northern Ireland corresponds to all signs regionalistskogo the states,

Defined during the present research. Thus the author of dissertation asserts, that occurred in the United Kingdom

And Northern Ireland transformation of the form of a state system does not allow to say the Great Britain that it is transitive in the course of transformation of the considered state from unitary in federal.

Degree of reliability and approbation of results. The present research is prepared with observance of the standard ethical principles of the publication of scientific materials. Results of research have been presented by the author of dissertation within the limits of the report at the international conference «National, nadnatsionalnoe, transregional and international law during an epoch raznonapravlennyh integration processes» (on May, 29th, 2017), were used at carrying out by the author of dissertation of seminar employment on history of the state and the right of foreign countries, a constitutional law of foreign countries at International legal faculty MGIMO the Ministry of Foreign Affairs of Russia, and also have laid down in a basis of the scientific articles published by the author of dissertation in magazines, reviewed scientific editions entering into the list in which the basic scientific results on competition of a scientific degree of the candidate of sciences and the doctor of sciences should be published. Dissertational research became a point of issue on faculty meeting of constitutional law MGIMO the Ministry of Foreign Affairs of Russia.

The structure of the present work is caused by an object in view of research and the problems, called to provide its achievement, and consists of the introduction, three heads and the conclusion.

Aspect (the Russian-British parallels)//

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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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  4. 10.1. Introduction
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