The Republic of Abkhazia as an Unrecognized State


https://doi.org/10.17589/2309-8678-2017-5-1-98-118

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Abstract

The international legal right of peoples to self-determination is an integral part of the basis for the formation of an independent state. The most acute problems are with those regions that seceded from the Soviet Union in political and military conflicts and now seek recognition of sovereign status. Until the middle of XX century, such recognition was achieved following global military conflict, and then following the struggle against colonialism. In the past three decades, it has been associated mostly with the destruction of totalitarian regimes. This study is analysis the formation of the unrecognized state and historical, political and legal processes in a changing world political environment, and the implementation of the right of peoples to self-determination. The modern search for optimal forms of self-determination subject to the ideas of external and internal forms predetermines the scientific analysis of the historical political and legal formation of statehood in the territories for which the implementation of the right of peoples to selfdetermination is problematic. Here we examine the example of the Republic of Abkhazia.
The methodological basis of research is the systemic approach that allows a holistic view of political and legal processes in the state. We also use comparative, structuralfunctional and historical approaches. The current status of the Republic of Abkhazia at its present stage of development is “denied,” which affects its political and legal system, characterized by a mixture of traditional and modern state and legal institutions. The state and the law in Abkhazia largely depend on the geopolitical situation in the region and the world, as well as the political systems of its neighbors and strategic allies. Quite a large role in the formation of Abkhazian statehood and its legal system is played by the Russian Federation, which has influenced power structures of the Republic of Abkhazia so as to integrate them into a single economic, political and legal space. Conclusions:
The state and the legal system of the Republic of Abkhazia are in a state of transition and undergoing synchronization with the state and legal system of the Russian Federation in in order to establish a sovereign state. The status of an unrecognized state makes it impossible for the Republic of Abkhazia to fully participate in international processes and slows down the possible impact of international legal institutions on its state legal system.


About the Authors

Susanna Bagdasaryan
Sochi State University
Russian Federation

Associate Professor, Department of Theory and History of State and Law

26a Sovetskaya St., Sochi, 354000, Russia



Svetlana Petrova
Sochi State University
Russian Federation

Head of the Department of Theory and History of State and Law

26a Sovetskaya St., Sochi, 354000, Russia



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Supplementary files

For citation: Bagdasaryan S., Petrova S. The Republic of Abkhazia as an Unrecognized State. Russian Law Journal. 2017;5(1):98-118. https://doi.org/10.17589/2309-8678-2017-5-1-98-118

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ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)