К вопросу о правовом урегулировании противоречий на постсоветском пространстве

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Annotation

The object of analysis (goals and objectives of the study) in this article are issues related to the succession (continuity) of the states currently occupying the territory of the former USSR. The relevance of the issue is determined by the presence of the following objective circumstances that determine the scope of the study.

1. Illegality of the collapse of the USSR.

2. The referendum of March 17, 1991 on the preservation of the USSR.

3. A difficult international situation: NATO's advance to the east, in the Asia-Pacific region (AUKUS), conducting conducting a special military operation, etc.

4. Aggravation of contradictions on the territory of the former USSR (the Nagorno-Karabakh conflicts, military clashes on the Tajik-Kyrgyz border, the tense situation in Transnistria, etc.).

5. The presence of a "fifth column" actively destabilizing society and the foundations of the constitutional system.

Research methods: 1) search for the conceptual philosophical foundations of the constitutional and legal regulation of public relations (the social system that needs to be fixed in the constitution); 2) analysis of constitutional norms (the Constitution of the Russian Federation) for the possibility of their interpretation in the sense indicated by the author; 3) search for legal possibilities for the implementation of interpretations of constitutional norms found by using the previous method, without changing the existing text of the Constitution of the Russian Federation.

The author advocates a phased constitutional reform in Russia.

At the first stage, it is vital for our country to solve the problems of social standards and guarantees by interpreting the Basic Law of our country by the Constitutional Court of the Russian Federation. We are talking about securing the right to work as it was understood in the USSR, for low wages for housing and utilities, for housing (in the sense of receiving it from the state, as in Soviet times). This will necessarily require appropriate interpretations regarding the ownership rights to natural resources ("to return the rent to the people", as it was formulated by Academician of the Russian Academy of Sciences D. S. Lvоv) and enterprises and infrastructure facilities that are strategically important for the country (transport, communications, electric power, etc.), which, in turn, will require fundamental changes in sectoral legislative acts.

At the second stage (only if the first one is fulfilled), it is only possible to raise the question of the return to Russian jurisdiction of territories unconstitutionally referred to as territories of the former Soviet Union republics, subject to the following conditions.

1. The authorities of the Russian Federation have the right to demand the return of Ukraine and other territories of the former USSR to Russia, subject to the conclusion of appropriate interstate agreements (in the form of a new Federal Treaty) with the republics of the former USSR on the succession of Russia in respect of these territories and on the succession in respect of state authorities of the USSR by such bodies of Russia (i.e. on the liquidation of the "upper the "floor" of the government - the union - and the entry of the republics directly into the Russian Federation, as was once envisaged under the "autonomization" plan).

2. The state authorities of the Russian Federation have the right to demand such a return also on the conditions of the existence of the constitutional system that existed as of March 17, 1991 - the decision of the referendum is the highest form of democracy (this was already mentioned at the first stage; at this stage it will be necessary to bring the constitutions of the republics and their legislation in accordance with the Constitution of the Russian Federation in this regard).

3. The state authorities of Ukraine and other republics of the former USSR will not have the right, as representatives of the people, on the basis of the above-mentioned referendum decision, to disagree with the requirement to recognize these territories as part of Russia, subject to the above conditions.

In the case of only partial adaptation (its absence) of the social system of Russia to the requirements that arise from the constitutional legislation of the USSR as of March 17, 1991, and (or) the absence of the above-mentioned interstate agreements (non-conclusion of a new Federal Treaty), it is necessary to hold referendums on the annexation of these territories, the conditions and features of which are described in more detail in this work.

Thus, there are two possible ways to implement territorial succession: by "adapting" the social system enshrined in the Constitution of the Russian Federation, by interpreting its provisions by the Constitutional Court of the Russian Federation (subject to the existence of these interstate agreements - a new Federal Treaty); by holding referendums on accession, the difficulties in connection with which, it seems, are obvious.

At the third stage, we can already talk about the adoption of a new Constitution of the Russian Federation (insofar as the situation in the post-Soviet space allows it) by a universal referendum with the aim of terminating the final validity of the Constitution of the USSR and, most importantly, in order to consolidate and expand those changes in the constitutional legislation that were supposed to be implemented at the first and second stages of the constitutional reform.

Conclusion: without constitutional reform in Russia (through the step-by-step procedure proposed by the author), the process of resolving the contradictions that have arisen in the post-Soviet space will have an additional, namely, domestic obstacle of a purely legal (constitutional) nature, in addition to the well-known geopolitical difficulties.

In addition, full legitimization in the issue of succession of territories can be carried out only by adopting a new union (federal) constitution by all republics of the former USSR in a general referendum, and until then, the Constitution of the USSR in the latest edition will legally operate in the legal system of these republics (and not only the Russian Federation), although in fact ignored, as indicated in the work, the "shadow" practice of all state authorities of all the specified republics.

Keywords: legal regulation, post-Soviet space.

Бороться с Западом силами и средствами Запада -

это изгонять веельзевула силою веельзевуловою:

Всякое царство, разделившееся само в себе,

опустеет; и всякий город или дом, разделившийся

сам в себе, не устоит. И если сатана сатану

изгоняет, то он разделился сам с собою:

как же устоит царство его? (Мф. 12, 24-26)

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