Sofinska I. Philosophic and legal doctrine of citizenship

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000641

Applicant for

Specialization

  • 12.00.12 - Філософія права

03-07-2019

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

The research is devoted to the modern tendencies of changes in the concept of citizenship under the influence of geopolitical transformations of the present being. Citizenship falls under the assessment of new trends, as it stops to demonstrate the affiliation of the person to the state. Updating the basic concept of citizenship, the differentiation of its four values – the formal legal status of a person; the joint relationship between a person and a state; the set of rights, responsibilities, and privileges; collective identity. Along with the epigenesis of the human right to citizenship (to a nationality) and its essence in the European context, the modern anthroposphere of citizenship and contemporary trends in the development of the concept of citizenship have fallen into the sight of the analyst. In terms of issues, the list of tasks includes the effect of legislative consolidation of the citizenship institute in Ukraine and the comparative analysis of the axioms of citizenship, the discretion of the practical intentions of regulating the legal nature and the essence of statelessness, the improvement of the content and legislative perspective of modernizing the concept of citizenship in Ukraine as one of the fundamental constitutional human rights. The content contains theoretical and legal developments of those scholars who previously studied the development and application of the legal doctrine of citizenship worldwide. This description covers particular works of prominent Ukrainian and foreign researchers in theory and history of law; philosophy of law; constitutional, international and civil law etc. The dissertation reflects the philosophic and legal doctrine of citizenship, its essence, nature, and structure. The grounds of its origin and the main stages of development of the legal doctrine of citizenship were outlined. The sources of the concept of citizenship, its influence on improvement of relations between a person and the state were analyzed comprehensively. The international normative and legal regulation of citizenship, principles, and grounds of its acquisition and termination were disclosed, its homocentric and universal character was argued. The author describes the modern anthroposphere of citizenship and analyzes the main trends of the concept of citizenship, as well as reveals the legal provisions concerning the heteronomy of the human right to the name. A comparative analysis of the main axiosegments of citizenship was conducted and the discretion of practical intentions to regulate the legal nature and the essence of statelessness was established. The author substantiates in this monograph the necessity and perspectives of legislative improvement of the fundamental principles of citizenship in Ukraine as one of the fundamental constitutional human rights. In the historical process of state foundation and formation, since ancient Greece and Rome, citizenship has played a vital role in political and legal integration. However, currently, citizenship is a perfectly legal and political instrument used to perform «gate-keeping» function and to establish visible/invisible walls between two countries, to build safe bridges for their citizens to enjoy the freedom of movement of persons, services, goods, and capital. The modern world is full of vast and increasing disparities between countries regarding GDP, frozen arm conflicts, poverty and unemployment, climate changes, which force people to leave their homes to search for better future, security and prosperity for themselves and their families. Today, in the intensively inter-connected world, globalization without boundaries, mobility, and migration become a reality that touches nearly all corners of the globe. Contemporary transportation makes mobility and migration easier since it is cheaper, faster and more convenient for people to move and to reside freely no matter where and for how long. To some degree, the real prize of such campaign is not citizenship as such, but legal residence in a host state. Citizenship’s value is inevitably to become low and lower. Therefore, in an ideal scenario, we should seriously upgrade citizenship concept, to proceed with real, proper and adequate, but not cosmetic changes. Up to my mind, we should allow drifting on the citizenship front to secure values and shared symbols of citizenship.

Files

Similar theses