Skrypniuk O. O.

Skrypniuk O. O. Concept of Peoples Sovereignty of Modern Legal Science: Retrospective Look and Prospects of Research


 In article the retrospective analysis of a research of the principle of peoples sovereignty in foreign and domestic legal science prior to the beginning of the first quarter of the XX century is carried out and also the main ideas of its development in works of erudite contemporaries are presented. The main scientific contexts of emergence and justification of the concept sovereignty are traced. In particular, it is noted that O.Shcherbanyuk carried out systematization of historical and legal concepts of peoples sovereignty having marked out in it naturally legal ideas, theories of absolute sovereignty and the doctrine of peoples sovereignty in substantial sense. The analysis of the main key moments of the doctrine of Altuziya, Bodin, Hobbes, Rousseau, Hegel, Duguiti, Ellinek, Kelsen and other thinkers about sovereignty in which the main aspects of their theoretical provisions are marked out is submitted. 
 Special attention is paid to the analysis of the ideas of Rousseau who is considered the founder or father in the theory of peoples sovereignty, the author of a formulation of the concept peoples sovereignty and democracy, indivisibility of peoples sovereignty. The contents of a thesis that peoples sovereignty is a basis of existence and functioning of any political organism, including the state and its power reveal. The thinker laid the theoretical foundation for formation of model of direct democracy, ensuring democracy and constitutional legal safeguards of development of peoples sovereignty. 
Special attention is paid to development of the concept peoples sovereignty of the domestic legal theory, in particular in M. Paliyenko works. The specified ideas gained further development in the context of his understanding of the idea of law great power statehood, coherence of the state by the law. He proved the fundamental importance of the theory of peoples sovereignty for development of a legal thought and legal science in general.
Not less interesting in a research of contents and essence of the theory of peoples sovereignty there are ideas S. Dnistryansky who develops these questions in a close context with a perspective of the democratic and constitutional state. The concept of sovereignty is associated by S. Dnistryansky with peoples sovereignty as the main both the base of the state sovereignty and a constant factor of realization of the government. 


Keywords: sovereignty, democracy, theory, doctrine, types of sovereignty, formation stages, foreign and domestic legal science, constitutional state, legal safeguards and providing.

 

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