National sovereignty in the conditions of globalization: criminal-legal and criminology aspects

The article is devoted to the analysis of the main aspects of the impact of globalization on sovereignty, its political, economic, informational and other components, the persistent tendency towards the gradual loss of national sovereignty by states, which puts on the agenda the question of the ability of liberal democracy to adapt to new circumstances. A new trend in international politics and global political transformations, which creates the possibility of transferring the real centers of power from the level of the national state to the supranational and regional levels, is considered. The purpose of the research was to determine the essence of sovereignty as the supremacy of state power, its independence both within the state and in the foreign policy sphere. Issues of limiting sovereignty are analyzed from the point of view of real and recent examples in international practice, as well as attempts are made to trace the evolution of ideas about state sovereignty and the analysis of various theoretical and legal approaches to the signs of sovereignty. An analysis of the interrelationship and interdependence of the concepts of “people’s sovereignty”, “national sovereignty” and “state sovereignty” was carried out, the opinion was supported that in the first place is people’s sovereignty, which expresses the supreme, inalienable right of the people to determine their destiny in the state and society, and that the concepts of national and national, as well as national and state sovereignty should not be equated. The article examines the problems of issues related to globalization, which is manifested in ascertaining both positive and negative trends of this process, in particular, the limitation of the spheres of influence of the governments of countries by economic globalization, the weakening of state sovereignty, the spread of the laws of the free market in opposition to national parliaments, the increase the impact of capital on the economy, a significant reduction in the role of the state in the economy, the transfer of its functions to private individuals, regional or international organizations. Conclusions were made that sovereignty is a complex political and legal property of state power, which means its supremacy, independence both within the state and in the foreign policy sphere, which does not allow the interference of other countries in their internal affairs. The existence of certain problems of sovereignty in individual states and the multifaceted nature of state sovereignty emphasize the need for a clear distinction between real and relative sovereignty, where the understanding of real (absolute) state sovereignty needs to be clarified in view of the specification of its components: foreign policy, domestic policy, legitimate, legal, territorial, resource, financial, economic and informational. The opinion is supported that the state policy regarding national security is being transformed all the time, various spheres of its influence are expanding, fundamentally new threats are being added to the traditional threats, the emergence of which is due to the development of international relations, globalization processes and other factors. We agree with the position that in the conditions of economic globalization it is impossible to be an absolutely independent state, but the qualitative characteristic of sovereignty in relation to other states is sovereign equality, a relatively independent and equal position, equal legal status with them. The position that the emergence and development of supranational bodies affects the transformation of state sovereignty and the reduction of its components through the delegation of state powers to supranational entities is substantiated. However, in international organizations, participating states act as sovereign and equal, not subject to any authority of another group, forming an organization based on an international agreement. At all stages of this process, the interaction of states among themselves has a coordinating horizontal nature at the same level as international organizations, based on the principle of sovereign equality of participating states, as evidenced by the principle “one state - one vote”, as well as the right to withdraw from the organization. The argument is supported that the most weakening of state sovereignty is economic globalization - the laws of the free market, not national parliaments, begin to operate, there is an increase in the influence of capital on the economy, the role of the state in the economy is significantly reduced, its functions are transferred to private individuals, regional or international organizations, which significantly limiting the sphere of influence of countries’ governments. It is emphasized that criminal law protection of state sovereignty belongs to one of the most priority areas of state policy in the field of combating crime in modern conditions. It is noted that the observed erosion of the concept of state sovereignty threatens the destruction of the modern system of international relations and the erosion of the concept of the state itself. But, nevertheless, in the conditions of globalization, the modern state continues to play a key role in public life, and will continue to be the guarantor of external and internal security, justice, democracy and human rights, the provision of fundamental social values, the source of accumulation of the national welfare system, an important mechanism of organization and management of many spheres of modern society.