Tysyachny D. Formation and modernization of the institution of citizenship in the context of globalization: constitutional law and comparative research

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102188

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

02-12-2020

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

The thesis is devoted to a comprehensive study of the problems of formation and modernization of the institution of citizenship in the constitutional law and comparative aspects. The concept, main features and principles of citizenship in modern constitutional law are analyzed. The specific characteristics of the constitutional law institution of citizenship has been determined. The theoretical and methodological aspects of the definition of the concept of «multiple citizenship» are investigated. It is proved that citizenship as a legal category is an immanent branch institution of constitutional law, as the norms on the legal content of citizenship are structurally located in the main constitutional and legal sources – constitutions and special constitutional laws on citizenship. In general, a population is usually defined as a set of individuals who live at a certain time in a particular state and are subject to its jurisdiction. A complex constitutional and legal concept of citizenship is defined, which includes such functional features as: bilateral relationship with the state; functioning of the specified interrelation on a legal basis; stable continuity of interconnection in space and time; both the constitutional and intersectoral nature of legal relations; relatively homogeneous content of the regulation of social relations. It has been revealed that EU citizenship is a unique dual phenomenon, as it conceptually embodies the special legal nature of the European Union as an interstate integration entity sui generis, which simultaneously combines certain features of the state and an international intergovernmental organization, and at the same time the unique political and legal nature of the European Union. It is determined that the improvement of the constitutional and legal mechanism for ensuring the right to citizenship in modern conditions of constitutional modernization and European interstate integration should consist of two parts: a) improvement of the regulatory system in the field of constitutional and legal provision of the right to citizenship; b) improvement of the regulatory system in the field of constitutional and legal support of the right to second citizenship.

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