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a problem mezhdisplinarnosti in domestic researches of the territorial organisation of the public power

Questions of the territorial device of the state [17] are a subject of studying of some humanitarian disciplines - the political theory and regionalistiki, economic and political geography, and also the whole complex of jurisprudence (the theory of the state and the right, a constitutional law, the financial right, etc.) [18].

Studying of the territorial organisation of the public power or division of the authorities on a vertical (unlike horizontal division of the authorities allowing to define the board form) is carried out by representatives listed above sciences within the limits of peculiar set everyone of them research reception and methods. At the same time, despite plentiful quantity of publications concerning political, economic or legal measurement territorially-political system, it is not obviously possible to allocate the research having interdisciplinary character, i.e. based on achievements of all of three (or at least two) specified above sciences.

In researches of domestic lawyers-constitutionalists of achievement of a political science, as a rule, are used only in a context of the description of various approaches to studying of questions territorially-political system. For example, at researches of federal systems of the appeal to politological texts allow to show diversity of a studied phenomenon. We meet such approach at many Russian authors - I.A.Umnovoj, N.M.Dobrynin, N.M.Marchenko, V.E.Chirkina, etc. [19] a little bit other situation we can observe at privnesenii in the legal analysis of positions of economic researches of a problematics territorialnopoliticheskogo devices. The authors adhering to such approach, put before themselves a problem to co-ordinate development of the rules of law defining the form and the maintenance territorially-political system of the state, to concepts of "economic efficiency" popular today in an economic science, "economic feasibility" etc.

So, mentioned above N.M.Dobrynin recognises that «the basic key criterion of reforming of federal structure there should be first of all a criterion of social and economic expediency» [20]. It is obvious, that described ways of use of achievements of political or economic sciences in konstitutsionno-legal researches have negative character more likely and can lead to unreasonable deformation of the conceptual device peculiar to jurisprudence. Thus it is a question of deformation, instead of about development of system of concepts existing in modern jurisprudence for the phenomenon description territorialnopoliticheskogo state devices. Besides, it is necessary to notice and that fact, that loan tipology, explanatory models or concepts, as a rule, occurs from politological or economic researches without

The due analysis of development of the humanities studying questions territorially-political system.

Certainly, such state of affairs creates a certain problem for complex understanding of the phenomena connected with the territorial organisation of the public power. In this context it is necessary to mention metaphoric, however E.Parker's who has noticed fair statement, that «as the souffle, which preparation demands a correct combination of milk, eggs and temperature, and the successful program of decentralisation include a combination political, financial and institutsionalnyh elements» [21].

Thus we intentionally use the term «complex research» to avoid charges in attempt to carry out certain comprehensive question research about territorially-political system states or its concrete forms [22].

Unfortunately, attempts of comprehensive researches meet in works of the domestic authors devoted to studying of federalism. Here pertinently once again to refer to N.M.Dobrynin according to which approach the federalism means «all spectrum of the phenomena and the relations directly connected by the federal form of a state system» owing to what «the federalism incorporates economic, spiritually-cultural (including ideological and scientific), the politiko-legal phenomena and the laws defining federal model, essentially influencing on it, expressing, making out it in different spheres of the state and a society» [23].

The similar position is occupied also with M.V.Gligich-Zolotareva: « Federalism it is not simple distribution of powers between the centre and regions, it is ideology of a self-coping society, alternative of any centralised imperious hierarchy, any bureaucratic system »[24]. Even the fluent analysis of resulted formulations specifies that their concrete definition within the limits of one research is rather problematic not only owing to volume of the information necessary for the analysis, but also from the point of view of received results. First, they can and not have at all scientific value as that, representing only a certain generalisation of achievements of variety of the humanities, as a matter of fact, the encyclopaedia of knowledge of federalism. Secondly, the theory constructed within the limits of comprehensive research (or, at least, explanatory model) can appear useless at the analysis of federal or unitary statehood of the concrete countries, after all in one case at a form choice territorially-political system can dominate economic, in other - sociopolitical, and in the third - cultural or ethnic factors.

As well as supporters of the considered approach identifying integrated approach with comprehensive research, we recognise that the legal analysis konstitutsionno-legal (institutsionalnoj if to speak language quoted above E.Parker) the component territorially - a political system cannot be carried out without the reference to its political and economic measurement. However at the same time we offer not otozhestvljat integrated approach with comprehensive research, and to consider it as mezhdistsilinarnost. It means, that research territorially-political system the state within the limits of jurisprudence should not contain only examples from the political or economic validity. Achievements of other humanities should be interpreted from the point of view of features of a subject and a jurisprudence method. In it, in our opinion, the moment mezhdistsipliarnosti also is shown.

«The constitutional law, - fairly marks A.A.Troitsk, - exists not in vacuum, and in certain political, economic, social, in a broad sense - the cultural environment, is defined by it, but also has ability to influence it. Whatever direction of influence we took (the cultural environment on the right or the rights to the cultural environment), specificity of comparative research [and the majority of researches territorialnopoliticheskogo devices are those. - N.M.] Demands an exit for narrow frameworks of "the law letter». At the same time from methodological positions important that in each concrete research the idea of the reference to "adjacent" reasons was otrefleksirovana, and the advantage of such reference was clear, at least in categories of the purpose and research problems »[25]. Differently, it is a question not of simple reduction of examples from the political or economic validity for acknowledgement of efficiency or an inefficiency of this or that konstitutsionno-rule of law, and about creation of the explanatory models integrating achievements legal and other humanities, i.e. about the interdisciplinary approach in which frameworks the impossibility or hopelessness of carrying out of complex researches concerning territorially-political system state is denied.

In modern domestic jurisprudence, including and in the field of a constitutional law, interdisciplinary researches meet seldom. It is obviously possible to allocate two reasons of such state of affairs. In - the first, modern researches purposefully put before themselves a problem to refuse achievements of other humanities by consideration of questions of the territorial organisation of the public power. The aspiration to creation is available

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There is nobody the "pure" doctrine about territorially-political system states.

So, J.V.Kim, specifying in features of system of the organisation of the power and konstitutsionno-rules of law defining it in a federative state, asserts, that at its studying «there is a discourse expansion in which methods and data of related subjects (economy, management, sistemologii, cybernetics, sociology, psychology etc.) are involved. It results not only in the further washing out of interdisciplinary frameworks, but also withdraws conversation on federalism from state-legal sphere in sphere other, interfaced, but is faster concerning to politological, economic, obshchesotsiologicheskim or to tehniko-administrative aspects of statehood... Both that, and another is represented undesirable from the point of view of necessity of strict observance of borders of scientific disciplines» [26].

At the same time, characterising a modern condition of domestic researches concerning the territorial organisation of the public power, I.V.Leksin asserts, that «the konstitutsionno-legal judgement of the territorial device of the state does not possess a sufficient critical orientation that promotes rooting in scientific works. The unsuccessful and incorrect logic designs, not quite proved assumptions and errors» [27]. An example of such errors, according to the quoted author, the understanding of federalism as mainly legal phenomenon comprehended by means of jurisprudence »though« by the nature and as a matter of fact it represents first of all a subject of a political science in this connection attempts of its all-round konstitutsionno-legal research inevitably lead to substitution of legal problems and results of their judgement politological »[28] can serve«.

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Offered statements, in our opinion, are true only partly as reflect first of all methodological errors of separate authors more likely. We will result some examples. First, as a methodological error it is possible to consider privnesenie in researches territorialnopoliticheskogo devices of economic terminology, especially in a context of likening defined vlasteotnosheny to the processes met in the free market. Such approach has found the serious criticism in works of the known economist of M.Rotbarda [29]. On the given problem though and rather sketchy, on a doctrine example «the competing federalism» was paid attention by V.I.Lafitsky. In particular, he has noticed, that "supporters" of competing federalism ”project economic models on sphere of federal relations... In it attractiveness of the doctrine based on the analysis of tendencies of social development and political and socially - economic lessons of history» [30] also is covered. However on it the thought of the given author breaks, though in it the instructions on one of the most actual methodological problems connected with studying of the territorial organisation of the public power contain.

Secondly, frequently there are situations at which the researcher, wishing to give the reasoning the additional argument, starts to search actively for arguments in compositions of representatives of a political science, as a consequence of that serves neotrefleksirovannoe privnesenie in the legal analysis of achievements from the given area of scientific knowledge. So, for example, I.A.Umnov asserts, that the federalism can simultaneously be considered as a principle, a mode and the state system form. «If as a principle, - the specified author marks, - the federalism embodies a way of settlement of disagreements and association of people and their formations at the state level as a mode and the form of a state system it defines division

The government on a vertical between territorial formations

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Various level in the uniform state »[31].

In the given definition mixture obshchesotsialnoj, cultural and legal treatment of federalism is available. First, last is considered in quality «a way of settlement of disagreements and association of people» those authors (M.Djurue, V.Ostrom though as a matter of fact such approach originates even in views A de Tokvilja) which see in it a certain principle of construction of relations between people as a whole [32]. Secondly, in the resulted I.A.Umnovoj the statement the federalism acts as «a mode defining division of the government on a vertical». Though the author also does not explain the given thought, it is possible to assume, that speech here and goes about really developing relations round the federal statehood, caused by a current political conjuncture. Owing to it we can to speak, for example, about various displays of a federal mode in the Russian Federation during the various periods of its Post-Soviet history. Position, it agree which federal mode forms a separate legal phenomenon as «the state mode of the federation which originality is expressed in features of receptions and ways of formation, distribution and realisation of functions of the government» [33], in our opinion, it is represented not absolutely proved as the state mode as the element of the form of the state has a direct communication with the board form, instead of the form territorially-political system.

Actually, legal in the definition of federalism offered by I.A.Umnovoj, thus, there is its consideration as the state system form. Other elements of the specified definition only illustrate a sight of sociologists or political scientists at federalism, but in any way do not enrich jurisprudence. Thus we will notice, that the criticism of the approach of the quoted author is resulted only for the analysis of a methodological error within the limits of definition of federalism from the point of view of jurisprudence as logic operation. Thereby we aspire to avoid reproach in the unreasonable criticism of the substantial party rather in-depth study of the constitutional bases of the Russian federalism in I.A.Umnovoj's work. Not to commit a considered methodological error at creation of definition of federalism or unitarizma, combining achievement of some the humanities, it is possible only within the limits of them juridizatsii.

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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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More on topic a problem mezhdisplinarnosti in domestic researches of the territorial organisation of the public power:

  1. Chapter 1. Methodological aspects of interdisciplinary research of the territorial organisation of the public power
  2. Chapter 2. Tendencies of konstitutsionno-legal regulation of the territorial organisation of the public power
  3. Chapter 3. The territorial organisation of the public power in the Great Britain: konstitutsionno-legal aspects
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