Suchergebnisse

Раздел "Международное право" — рубрика "Права человека" ; Статья посвящена наиболее сложным вопросам реализации прав и обязанностей публично-правового характера лицами с множественным гражданством, в том числе в сферах избирательного права, дипломатической и консульской защиты, налогообложения, военной службы. Автором предлагаются меры по совершенствованию регулирования данных отношений в законодательстве Республики Беларусь. В частности, автор предлагает отказаться от принципов равенства и эффективного гражданства с выработкой новых правил в этой сфере. По мнению автора, базовым должен стать принцип добровольного выбора гражданином государства, права и обязанности гражданства которого станут доминирующими при реализации его прав и обязанностей при конфликте законов о гражданстве. При этом автор предлагает развитие и кодификацию норм о правах и обязанностях лиц с множественным гражданством в условиях формирования права на множественное гражданство. = The article is devoted to the most difficult questions of realisation of public rights and duties of multiple nationals, including those in election law, diplomatic or consular protection, taxation, military legislation. The author recommends some measures for improving the above-mentioned relations in the legislation of the Republic of Belarus. In particular, the author proposes to abandon the principles of equality and effective nationality and to formulate new rules in this field. According to the author there should be the basic principle of citizens' voluntary choice of the state, the rights and duties of citizenship of which will become dominant in the realisation of their rights and responsibilities in case of a conflict of nationality laws. The author proposes the development and codification of the rights and obligations of multiple nationals within the formation of the right to multiple nationality.

Раздел - "Международное право" ; The present paper considers some issues of regulating of a quite complex legal institution, that of multiple nationality. Currently, European integration in general and the phenomenon of multiple nationality in particular are arousing a lot of interest. This is caused to a large extent b y both the relative stability of economic and political guarantees of rights and liberties of the citizens of Western Europe and by the search of Eastern European countries for their place and their road in the united Europe, b y the necessity to overcome cultural and economic disunity of European states and also b y the unabated interest in the structural elements of diverse and variously speeded integration in this region. In this regard the institution of multiple nationality stands out against the background of all-European integration. It has been in existence in this region for many millenia and embraces practically all states of the continent. Multiplenationality creates at the same time both real possibilities and prerequisites for integration and real problems, causing sometimes protracted conflicts between states and peoples and separating their political interests. The author sees multiple nationality to be a complex legal state expressed through a complicated legal relationship, which lends form to a multistructured social political, economic, cultural and moral relationship between states (representations of citizenship/nationality) and the person as regards responsible possession by a person of the complete or the basic set of rights and duties of nationality equal to the persons of his/her category of nationality in more than one state formation. With this assumption the paper shows in general terms the causes for the emergence of multiple nationality and the ways of settling its problems. The citizenship of the European Union, which the author refers to a kind of multiple nationality, is a particular legal institution which could serve as a source for forming all-European and global citizenship. Alongside with the study of the citizenship of the European Union the paper considers the institution of multiple nationality within the framework of the Council of Europe. The European region has accumulated abundant experience of regulating multiple nationality; part of which experience was embodied in the provisions of various international treaties concluded by the member-states of the Council of Europe. It would be effective to use in the countries of Eastern Europe and Asia. The European Convention on Nationality from November 6, 1997 was a progressive step in the realm of developing nationality and multiple nationality, though it has a number of drawbacks and as a whole does not adequately take into consideration the existing needs in this sphere. A number of norms, for instance, the right of the state to terminate citizenship, declared in article 7 and other provisions of the Convention have not been specified. The drawbacks of legal regulation of these issues and the issues of state succession and nationality (article 16) arouse doubts in the compliance of provisions of the abovementioned convention with the requirements of articles 15 and 29 of the Universal Declaration on Human Rights. Unfortunately, the European Convention on Nationality is trying to unite disparate points of v i ew into one, there arising as a result some apprehension as to the possibility of its arbitrary application. The citizenship, being established within the framework of integration of the Republic of Belarus and the Russian Federation, is also a peculiar institution which could be transformed into a different type of citizenship. The author considers that reasonable application of the institution of multiple nationality could facilitate the solution of a number of problems of contemporary international law, including the problems of international cooperation, human rights protection and development of integrational process. This experience could be promoted b y all states and especially the former USSR countries who have various directions of solving the issues of multiple nationality.