International Legal Status of Newly Emergent State Entities: Between Declaratory and Constitutive Approaches

The article examines the international legal foundations for determining the status of newly emergent state entities through a comparison of declaratory and constitutive approaches to recognition, as well as through an analysis of statehood criteria and the legality of origin. Particular attention is paid to universally recognized principles of international law and their role in assessing the permissibility of recognition, including the relationship between self-determination of peoples and the territorial integrity of states. It is argued that the absence of a universal codification of recognition contributes to the diversity of practice and increases the significance of doctrinal frameworks for identifying the legal consequences of recognition and non-recognition. The paper highlights the practical impact of recognition on the predictability of international intercourse, dispute settlement mechanisms, and the stability of cross-border private-law regimes. For the Russian Federation, recognition is presented as a legal instrument for safeguarding national interests—security, legal certainty, and the protection of citizens’ lawful interests—while maintaining compliance with international legality.