Chernobaieva T. International legal personality of the federal subjects.

The thesis is devoted to the complex research of modern concepts and doctrines of international law concerning the international legal personality of the federal subjects, international legal and constitutional legal bases of their international legal personality, as well as the forms and types of its implementation by the federal subjects in international legal relations, in particular in the legal relations of Ukraine with subjects of foreign federal states. The first chapter of the thesis deals with the formation of the modern idea of federalism. The paper describes the modern international legal concepts of international legal personality of the federal subjects. In particular, the contents of the concepts of substantiation of international legal personality of the federal subjects were investigated: the concepts of «blurring», the concept of a complex state, the concept of «black box», the concept of unity of international private and public law, the concept of «actual participation», the concept of custom, as well as the concepts of denial of the international legal personality of the federal subjects: the concepts of «non-state», «insecurity», «constitutional restrictions». It is concluded that there is no general legal basis for the acquisition of international legal personality of the federal subjects. The second chapter of the thesis is devoted to the study of the implementation of international legal personality by the federal subjects. It is cosidered that there are two possibilities of federation to realize contractual personality – directly and indirectly. The international legal characterization of the key features of the «federal reservation» and the legal consequences of its application in terms of the international legal personality of a non-unitary state are also presented in the thesis hereof. A separate section of the study is devoted to the international practice of Ukraine (mostly in the 1990s) on conclusion of international agreements with the foreign federal subjects.