Poyarkov S.Y. —
Revisiting the Concept of State Sovereignty in the Context of the Transformation of Modern Constitutionalism: From Absolute Sovereignty to "Shared" Sovereignty
// Legal Studies. – 2025. – № 5.
– P. 64 - 83.
DOI: 10.25136/2409-7136.2025.5.74517
URL: https://en.e-notabene.ru/lr/article_74517.html
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Abstract: Modern processes of globalization, regional integration, and digitalization create the need to review established approaches to state sovereignty as a key concept of constitutional law. In the context of the transformation of constitutionalism, the importance of studying the mechanisms of redistribution of sovereign prerogatives among the state, international organizations, and other supranational entities increases. The relevance of the topic is determined by the search for a legal balance between preserving national sovereignty and the necessity for effective integration into global processes. The subject of the study is the theoretical and legal foundations and institutional manifestations of the transformation of sovereignty in modern constitutionalism. The forms and limits of "shared" sovereignty are analyzed within the context of contemporary public law. Special attention is paid to the interaction of international and national mechanisms for limiting and reformatting sovereignty. The analysis of the legal positions of the highest judicial instances serves as an empirical basis for substantiating the concept of "shared" sovereignty. The methodological foundation of the research consists of the principles of historicism, systemic and institutional analysis, as well as an interdisciplinary approach that combines legal, political, and philosophical perspectives. The study employs general scientific methods of analysis, synthesis, induction, and deduction, as well as specific legal methods, including comparative legal, formal-legal, and constitutional modeling methods. The novelty of the study lies in the identification of the evolution of the concept of sovereignty from its absolute understanding to the model of "shared" sovereignty within the framework of modern constitutionalism. The work offers an author's vision of the relationship between the national and supranational levels of public authority implementation in the context of legal globalization. It concludes that there is a need for doctrinal and normative rethinking of traditional sovereignty, taking into account modern constitutional practices. The research identifies legal risks and challenges associated with the erosion of the limits of sovereign power. It proposes directions for adapting legal systems to new forms of interstate and supranational interaction. The theoretical basis includes both classical doctrines of sovereignty by J. Bodin and T. Hobbes, and contemporary theories of governance, globalization, and transnational constitutionalism, considering the dynamics of modern legal systems.
Poyarkov S.Y. —
International legal order and the transformation of the paradigm of constitutionalism: from internal sovereignty to global normativity
// International Law and International Organizations. – 2025. – № 3.
– P. 43 - 59.
DOI: 10.7256/2454-0633.2025.3.74437
URL: https://en.e-notabene.ru/mpmag/article_74437.html
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Abstract: Contemporary processes of globalization and the expansion of transnational legal interactions intensify the discussion about the limits of sovereignty and the legitimacy of power in the context of increasing international normativity. The focus is on the international legal order, which gradually loses the features of exclusively intergovernmental regulation and increasingly influences domestic legal systems. Constitutionalism, traditionally relying on the idea of internal sovereignty, undergoes a qualitative transformation under the influence of international law norms, including soft law and the practices of international jurisdictions. The subject of this research is the paradigmatic shift in the understanding of constitutionalism: from a closed state form to an open model oriented towards universal principles of human rights, legal justice, and global legitimacy. Special attention is paid to the reconsideration of the relationship between national and international law in the practice of constitutional courts in European countries. The relevance of the topic is determined by the need for theoretical understanding of the ongoing changes and the development of new approaches to assessing legitimacy and sovereignty in the context of post-national legal order. The methodological basis of the study comprises dialectical and systemic-structural approaches, allowing for the analysis of the interaction between different levels of legal regulation. Comparative legal, historical-legal, and formal-legal methods, as well as case analysis of the practices of international and national courts, were employed. The novelty of the research lies in the conceptualization of the international legal order as a form of post-sovereign regulation, where constitutionalism acquires supranational characteristics. It has been revealed that international law norms become not only external limitations but also internally significant elements of national justice. For the first time, the role of soft law in shaping a transnational constitutional canon that influences the domestic legal order outside formal implementation mechanisms has been demonstrated. The author concludes that a model of "open constitutionalism" is emerging, suggesting a dialogue of legal systems based on universal standards. The need to rethink the concept of sovereignty in terms of interaction rather than opposition is substantiated. The study shows that international argumentation becomes an integral part of the legitimization of constitutional decisions. The results can be used in legislative and expert activities aimed at harmonizing national legal systems with international standards.
Poyarkov S.Y. —
International Legal Protection of Human Rights in the Context of the Transformation of Modern Constitutionalism: Main Trends and Development Prospects
// International Law and International Organizations. – 2025. – № 2.
– P. 103 - 126.
DOI: 10.7256/2454-0633.2025.2.74142
URL: https://en.e-notabene.ru/mpmag/article_74142.html
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Abstract: Contemporary processes of globalization, digitalization, and political changes exacerbate the problem of ensuring human rights at the international level, while the transformation of constitutionalism serves as a crucial context for rethinking the mechanisms of their protection. The international legal protection of human rights becomes an integral part of evolving constitutional systems, necessitating an analysis of not only legal norms but also political-legal paradigms. In the context of fragmentation of state sovereignty and the growing influence of transnational actors, the significance of universal and regional mechanisms of legal protection increases. In this regard, the subject of the study is the relationship between international legal guarantees of human rights and the processes of constitutionalism transformation in various states. Special attention is paid to the legal and institutional interaction between national and supranational levels of the legal protection system. Methodologically, the work relies on a comprehensive approach that combines principles of legal, political, and comparative legal analysis. Both general scientific methods (analysis, synthesis, induction, deduction) and specialized methods (comparative legal, formal-legal, institutional) are used. The empirical basis includes documents from the UN, regional human rights organizations, decisions of international courts, and national constitutional courts. The scientific novelty of this study lies in its attempt to examine the international legal protection of human rights not from a static perspective, relying solely on legal norms and institutions, but in dynamics — through the lens of a transforming constitutional order. This approach allows for the identification of the internal logic of legal development in the context of global legal pluralism and institutional instability. Furthermore, the work proposes the concept of an "integrative human rights protection approach," oriented towards a flexible combination of universal international standards with local forms of legal culture and institutional organization of power. Thus, the aim of the article is not only a legal analysis of existing norms but also the formulation of guidelines for a possible transformation of human rights protection mechanisms in the context of post-classical constitutionalism.
Poyarkov S.Y. —
Foundations and meaning of educational-pedagogical activity and its tasks in political-legal sphere
// Politics and Society. – 2021. – № 1.
– P. 13 - 25.
DOI: 10.7256/2454-0684.2021.1.33756
URL: https://en.e-notabene.ru/psmag/article_33756.html
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Abstract: The subject of this article is the model of educational-pedagogical activity in political-legal sphere, which takes into consideration the research data on optimization of educational process in this field. The author outlines the parameters that impact the effectiveness of implementation of the model of educational-pedagogical activity in political-legal sphere. It is substantiated by the fact that the content of education gives knowledge and experience, which promote civic and social activism. The researchers widely acknowledge that education serves as the engine of economic growth due to accumulation of human capital; education is also closely related with the increase of social capital as a result of the advancement of education. The author comes to the conclusion that the formation of students’ attitude towards political-legal sphere is based on the logical interrelatedness of the indicated components. It is worth noting that each structural component, which affects the formation of attitude towards political-legal sphere, depends on the particular activity of the subjects involved, including the peculiarities of organization of educational space and competence of pedagogues. The author underlines that engagement in extracurricular activities has a positive impact upon all aspects of the organization of educational process in political-legal sphere, except for the intention to participate in civic activity, which is assessed by attending organizational meetings.
Poyarkov S.Y. —
Political pedagogy and its role within humanistic knowledge: analysis of Western approaches
// Psychology and Psychotechnics. – 2020. – № 3.
– P. 43 - 53.
DOI: 10.7256/2454-0722.2020.3.33781
URL: https://en.e-notabene.ru/ptmag/article_33781.html
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Abstract: The subject of this research is the conceptualization of political education in educational science. Political education functions as a privileged point of intersection of various political discourses. It is claimed that different versions of political education comply with different ontological and epistemological assumptions, normative approaches towards democracy, and concepts of correlation between education, humanistic knowledge, and politics. It is noted that in majority of historical and philosophical concepts of democracy, there is a tacit link between politics and education. Recommendations for educational practice contain the definition of pedagogy within the framework of the theory of political education, as well as specific pedagogical methodologies with consideration of humanistic knowledge. The author describes the versions of political education that emerged as a result of analysis of the material. The corresponding political discourse and its philosophical principles, educational consequences for politics and practice, as well as debates and criticism, are viewed for each version. Thus, the elitarian version of political education and political pedagogy is associated with the elitarian democratic discourse. The supporters of liberal political education need education for political, epistemological, and moral reasons. Political equality can be guaranteed only in the society of informed and rational citizens; therefore, democracy requires the universalization of education. Neoliberals, in turn, recommend substituting public education with practice of competitive market, while debating pedagogues understand the education of democratic civic consciousness as cultivation of skills and values for the public discussion.
Poyarkov S.Y. —
On multiplicity of approaches towards the study of constitutionalism
// Law and Politics. – 2017. – № 2.
– P. 10 - 28.
DOI: 10.7256/2454-0706.2017.2.21729
URL: https://en.e-notabene.ru/lpmag/article_21729.html
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Abstract:
This article gives special attention to examination of the existing approaches towards the category of “constitutionalism”. Absence of the universal definition of this category became the result of such multiplicity. The author expresses an opinion that despite the dominance of natural law in establishment of the concept of constitutionalism, which allowed the legal experts speak of the exclusiveness of constitutionalism as a legal category, the moment of considering the philosophical and political prerequisites of its establishment and development remains necessary. Thus, particular attention is focused on the review of this category from the positions of political science. The author highlights the necessity of development of the category of constitutionalism in politological discourse based on its perception as a sociopolitical phenomenon, the purpose of which consists in existence of the demand of society in the rational development of modern state. Such demand can be satisfied due to the development of the current political mechanism of political power relations based on the theory of constitutionalism.
Poyarkov S.Y. —
On multiplicity of approaches towards the study of constitutionalism
// Law and Politics. – 2017. – № 2.
– P. 10 - 28.
DOI: 10.7256/2454-0706.2017.2.43029
URL: https://en.e-notabene.ru/lamag/article_43029.html
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Abstract:
This article gives special attention to examination of the existing approaches towards the category of “constitutionalism”. Absence of the universal definition of this category became the result of such multiplicity. The author expresses an opinion that despite the dominance of natural law in establishment of the concept of constitutionalism, which allowed the legal experts speak of the exclusiveness of constitutionalism as a legal category, the moment of considering the philosophical and political prerequisites of its establishment and development remains necessary. Thus, particular attention is focused on the review of this category from the positions of political science. The author highlights the necessity of development of the category of constitutionalism in politological discourse based on its perception as a sociopolitical phenomenon, the purpose of which consists in existence of the demand of society in the rational development of modern state. Such demand can be satisfied due to the development of the current political mechanism of political power relations based on the theory of constitutionalism.
Poyarkov S.Y. —
// Politics and Society. – 2014. – № 7.
– P. 824 - 836.
DOI: 10.7256/2454-0684.2014.7.11595
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Poyarkov S.Y. —
// National Security. – 2014. – № 4.
– P. 482 - 492.
DOI: 10.7256/2454-0668.2014.4.11186
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Poyarkov S.Y. —
// Law and Politics. – 2013. – № 13.
– P. 1882 - 1890.
DOI: 10.7256/2454-0706.2013.13.10094
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Poyarkov S.Y. —
// Law and Politics. – 2013. – № 13.
– P. 1882 - 1890.
DOI: 10.7256/2454-0706.2013.13.42359
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Poyarkov S.Y. —
// National Security. – 2010. – № 10.
DOI: 10.7256/2454-0668.2010.10.2897
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Poyarkov S.Y. —
// National Security. – 2010. – № 4.
DOI: 10.7256/2454-0668.2010.4.2025
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Poyarkov S.Y. —
// Philosophy and Culture. – 2010. – № 4.
DOI: 10.7256/2454-0757.2010.4.2029
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Poyarkov S.Y. —
// Politics and Society. – 2010. – № 4.
DOI: 10.7256/2454-0684.2010.4.2064
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 12.
DOI: 10.7256/2454-0706.2009.12.1674
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 12.
DOI: 10.7256/2454-0706.2009.12.41297
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Poyarkov S.Y. —
// Philosophy and Culture. – 2009. – № 11.
DOI: 10.7256/2454-0757.2009.11.1623
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 11.
DOI: 10.7256/2454-0706.2009.11.1649
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Poyarkov S.Y. —
// Administrative and municipal law. – 2009. – № 11.
DOI: 10.7256/2454-0595.2009.11.1657
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Poyarkov S.Y. —
// National Security. – 2009. – № 11.
DOI: 10.7256/2454-0668.2009.11.1683
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 11.
DOI: 10.7256/2454-0706.2009.11.41291
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Poyarkov S.Y. —
// Politics and Society. – 2009. – № 10.
DOI: 10.7256/2454-0684.2009.10.1618
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 8.
DOI: 10.7256/2454-0706.2009.8.1472
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 8.
DOI: 10.7256/2454-0706.2009.8.41237
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Poyarkov S.Y. —
// Politics and Society. – 2009. – № 7.
DOI: 10.7256/2454-0684.2009.7.1419
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 7.
DOI: 10.7256/2454-0706.2009.7.2357
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 7.
DOI: 10.7256/2454-0706.2009.7.41464
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Poyarkov S.Y. —
// Philosophy and Culture. – 2009. – № 6.
DOI: 10.7256/2454-0757.2009.6.1302
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 6.
DOI: 10.7256/2454-0706.2009.6.2336
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 6.
DOI: 10.7256/2454-0706.2009.6.41460
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Poyarkov S.Y. —
// National Security. – 2009. – № 5.
DOI: 10.7256/2454-0668.2009.5.1229
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 5.
DOI: 10.7256/2454-0706.2009.5.1240
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 5.
DOI: 10.7256/2454-0706.2009.5.41175
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 4.
DOI: 10.7256/2454-0706.2009.4.1050
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Poyarkov S.Y. —
// Law and Politics. – 2009. – № 4.
DOI: 10.7256/2454-0706.2009.4.41130
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Poyarkov S.Y. —
// Politics and Society. – 2009. – № 2.
DOI: 10.7256/2454-0684.2009.2.1083
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