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Features of Legal Status of Unrecognized States

Student: Stepanov Aleksandr

Supervisor: Dmitriy Mazaev

Faculty: Faculty of Law

Educational Programme: Legal History, Theory and Philosophy of Law (Master)

Year of Graduation: 2019

One of the distinguishing features of international relations at the turn of the XX and XXI centuries. is the emergence of a large number of unrecognized states. The very fact of their emergence and existence in modern society for a long time speaks about the stability of this phenomenon. At the same time, until now, the theory has not developed a unified approach to which entities can be considered unrecognized states, the institution for recognizing such political and legal entities has not been formed, their legal status has not been determined. The existing vacuum in theory leads to a controversial situation in practice: entities applying for statehood exist as a fact, states cannot but coexist with them in the political and legal space, and this neighborhood objectively creates relationships between these entities. However, the indefinite status of such territorial entities affects the quality of international relations into which the de-facto unrecognized entity enters. The lack of regulation of the legal status of unrecognized states threatens the stability of the world community, and therefore deserves special attention. Such polities stand apart in the legal system, and are "dark" spots with non-transparent regulation. As a result, there is an increased likelihood of intra-state conflict, intervention, and occupation around unrecognized states. There is an acute question of protecting the rights and freedoms of people living in the territory of unrecognized entities. Despite the scale and relevance of the problem, research on the problems of state-like entities is not enough. All of the above requires a theoretical-right analysis of this phenomenon.

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