Butba S.R. —
The establishment of dual citizenship institution in the Republic of Abkhazia (1990-2017): historical legal aspect
// Law and Politics. – 2017. – ¹ 9.
– P. 76 - 93.
DOI: 10.7256/2454-0706.2017.9.23920
URL: https://en.e-notabene.ru/lpmag/article_23920.html
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Abstract: This article is dedicated to the history of establishment of the dual citizenship legal institution in the Republic of Abkhazia. It is noted that at the present stage, the majority of the Abkhazian citizens are bipatrides – along with the citizenship of the Republic of Abkhazia, also have citizenship of other state. The object of this research is the analysis of the content of dual citizenship institution of the Republic of Abkhazia from the historical perspective. The author attempts to examine the establishment process of the aforementioned institution throughout the period of 1990-2017, since the moment of adopting the Declaration of State Sovereignty of the Socialist Soviet Republic of Abkhazia on August 25, 1990 until the present time. The subject of this work is all normative legal acts of the Republic of Abkhazia that were adopted after August 25, 1990, international agreements of the Republic of Abkhazia, as well as normative legal acts of the states, with which in accordance with the legislation and international treaties of the Republic of Abkhazia, bipatrism was established de jure. Of special relevance is the execution of agreement between the Republic of Abkhazia and Russian Federation on cooperation and strategic partnership; as specified in the Article 13, Russian Federation had to take additional measures aimed at streamlining procedures for acquisition of citizenship of the Russian Federation for the citizens of the Republic of Abkhazia. The author believes that in case of adopting such measures, the number of bipatrides – Abkhazian citizens with the Russian citizenship, significantly increases within the territory of the Republic of Abkhazia, and thus, escalates the attention of Russian scholars towards acquisition of the Russian citizenship by the separate categories of individuals – in this case – citizens of a particular state. The scientific novelty consists in the fact, that despite the relevance of the topic at hand, in the Republic of Abkhazia there are no scientific research on dual citizenship as an integral legal institution; the existing works carry the politological, historical, or sociopolitical character. The author is first to define the key periods in establishment of the dual citizenship institution, as well as regularities and peculiarities of its formation over the period of 1990-2017.
Butba S.R. —
The establishment of dual citizenship institution in the Republic of Abkhazia (1990-2017): historical legal aspect
// Law and Politics. – 2017. – ¹ 9.
– P. 76 - 93.
DOI: 10.7256/2454-0706.2017.9.43095
URL: https://en.e-notabene.ru/lamag/article_43095.html
Read the article
Abstract: This article is dedicated to the history of establishment of the dual citizenship legal institution in the Republic of Abkhazia. It is noted that at the present stage, the majority of the Abkhazian citizens are bipatrides – along with the citizenship of the Republic of Abkhazia, also have citizenship of other state. The object of this research is the analysis of the content of dual citizenship institution of the Republic of Abkhazia from the historical perspective. The author attempts to examine the establishment process of the aforementioned institution throughout the period of 1990-2017, since the moment of adopting the Declaration of State Sovereignty of the Socialist Soviet Republic of Abkhazia on August 25, 1990 until the present time. The subject of this work is all normative legal acts of the Republic of Abkhazia that were adopted after August 25, 1990, international agreements of the Republic of Abkhazia, as well as normative legal acts of the states, with which in accordance with the legislation and international treaties of the Republic of Abkhazia, bipatrism was established de jure. Of special relevance is the execution of agreement between the Republic of Abkhazia and Russian Federation on cooperation and strategic partnership; as specified in the Article 13, Russian Federation had to take additional measures aimed at streamlining procedures for acquisition of citizenship of the Russian Federation for the citizens of the Republic of Abkhazia. The author believes that in case of adopting such measures, the number of bipatrides – Abkhazian citizens with the Russian citizenship, significantly increases within the territory of the Republic of Abkhazia, and thus, escalates the attention of Russian scholars towards acquisition of the Russian citizenship by the separate categories of individuals – in this case – citizens of a particular state. The scientific novelty consists in the fact, that despite the relevance of the topic at hand, in the Republic of Abkhazia there are no scientific research on dual citizenship as an integral legal institution; the existing works carry the politological, historical, or sociopolitical character. The author is first to define the key periods in establishment of the dual citizenship institution, as well as regularities and peculiarities of its formation over the period of 1990-2017.
Butba S.R. —
“Mobilization reserve of the Republic of Abkhazia” and “armed forces reserve” of the Republic of Abkhazia”: problems of differentiation
// Legal Studies. – 2017. – ¹ 7.
– P. 78 - 89.
DOI: 10.25136/2409-7136.2017.7.23442
URL: https://en.e-notabene.ru/lr/article_23442.html
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Abstract: The article considers one of the problems of legal regulation and law enforcement in the sphere of military service in the Republic of Abkhazia. The author states that at the present time, the legislation in the sphere of military service and military duty is being formed in the Republic, including the new institution of “mobilization reserve of the Republic of Abkhazia”. The author proves that this institution is in many aspects contradictory and has many gaps, which cause different problems of theoretical and practical nature. The author emphasizes one of such problems – the question of correlation between the notions of “mobilization reserve of the Republic of Abkhazia” and “armed forces reserve of the Republic of Abkhazia”. The research subject is the set of statutory acts of the Republic of Abkhazia, which regulate the procedure of military service and discharge of military duty, including the provisions connected with discharge of military duty in mobilization reserve and armed forces reserve. The author uses such general logical methods and approaches as analysis, synthesis, analogy, the system method and the structural method. The scientific novelty consists in the fact that the author is the first to analyze the legislation of the Republic of Abkhazia with the purpose to compare the notions of “mobilization reserve” and “armed forces reserve” of the Republic of Abkhazia. The author describes the reasons of their differentiation: the list of persons forming mobilization reserve and armed forces reserve; the procedure of inclusion into mobilization reserve and armed forces reserve; types of mobilization reserve and armed forces reserve, legal status of reservists and persons subject to military service, the procedure of promotion of reservists and persons subject to military service; the procedure of exclusion from mobilization reserve and armed forces reserve.
Butba S.R. —
// Journal of Foreign Legislation and Comparative Law. – 2010. – ¹ 3.
DOI: 10.7256/1991-3222.2010.3.1921
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