The main objects of the political map of the world. Legal Regulation of Institutions of Guardianship and Guardianship

Article 159. The invalidity of a marriage concluded on the territory of the Russian Federation or outside the territory of the Russian Federation. The invalidity of a marriage concluded on the territory of the Russian Federation or outside the Russian Federation is determined

Territories

Territories - I, Comrade Head, to Kolyma - only with an escort. “Don't make a bad joke,” said Filippov. Six years later, I was brought with a convoy to Kolyma and stayed there for 17 years. Varlam Shalamov. "Vishera" We came here young, we gave this land our best years and

The collapse of the colonial system of imperialism after the Second World War, the rapid growth of national liberation movements (the struggle of peoples for independence) radically changed the political map of the world. So, on the eve of World War II, there were 71 sovereign states in the world, in 1947 there were 81 of them, and by 1995 about 190 already had sovereignty.

State sovereignty - the completeness of the legislative, executive and judicial powers of the state on its territory, excluding any foreign power; disobedience of the state to the authorities of foreign states in the field of international communication, with the exception of cases of express and voluntary consent by the state to limit its sovereignty.

In principle, state sovereignty is always complete and exclusive. This is one of the essential properties of the state.

The concept of state sovereignty underlies such universally recognized principles of international law as the principle of sovereign equality of states, the principle of mutual respect for state sovereignty, the principle of non-interference of states in each other’s internal affairs, etc.

Along with sovereign states in the modern world, there are more than 30 non-self-governing territories. They can be divided into two groups:

Colonies officially included in the list (list of territories specifically covered by the UN requirement to grant them independence);

Territories, in fact, colonies, however not included in the UN list, since according to the states that govern them, they are: "overseas departments", "overseas territories", "freely associated states", etc.

The status of Western Sahara (formerly a colony of Spain in Western until 1976) has not yet been determined. After many years of armed struggle of various political groups for power in the West since 1989, a truce was practically established. Here, a peaceful referendum on the self-determination of the people of Western Sahara (independence or integration with) is to be held under the auspices of the UN and OAU.

The issue of granting independence to all modern colonies is complex: many of them are important for the metropolis as military-strategic objects or are of other interest. For example, dozens of US naval and naval bases are located on islands in the Pacific and. So, (Caroline, Mariana) have important military and strategic importance in. On the islands are many American military installations. Atomic and hydrogen bombs, intercontinental missiles, etc., were tested on a number of atolls.

The formation and development of states is a complex historical process, determined by many internal and external factors: political, social, economic, ethnic.

Specialists in international problems currently number about 300 objects on the globe for which there are disputes: territorial, ethnic, border; including more than 100 of those where there is an acute conflict situation.

The dispute between Spain and sovereignty over Gibraltar continues. There was an armed conflict (1982) between the UK and over the Falkland Islands (Malvinas). Since 1947, the question of the borders of the state and the creation of a Palestinian state has been raised; only in 1993 was autonomy granted to the Palestinian lands occupied by Israel in 1967. This refers to the transfer of broad administrative powers to the bodies of Palestinian self-government. At the intermediate stage of the settlement, the agreement does not provide for the proclamation of a Palestinian state, but the first ever elections to Palestinian self-government bodies have been held. The list of examples of this kind can be continued. This is the struggle of the people for self-determination and the formation of the state of Kurdistan; cross-border conflicts between and (especially in the states of Jammu and Kashmir); conflicts in the republics of the former SFRY (Yugoslavia), in (Ulster); in the republics (); in African states, etc.

References (terms):

The colony  - (from lat. colonia - settlement) a country or territory under the authority of a foreign state (metropolis), deprived of political and economic independence and governed by a special regime.

Protectorate  - One of the forms of colonial dependence, in which the protected state retains only some independence in internal affairs, and its external relations, defense, etc. are carried out at its discretion by the metropolitan state.

Dominion  - (English dominion - possession, power), states within the British Empire, recognized as the head of the English king (since 1867, since 1901, since 1907, the Union of South Africa since 1910). After the formation of the Commonwealth (Commonwealth), the term "dominion" has become obsolete.

Credentials (Credentials) Territories  - the common name of the former colonies and some possessions of the Ottoman Empire, transferred after the 1st World War by the League of Nations under the control of the victorious countries on the basis of a mandate. After World War II, the mandate system was replaced by the UN trusteeship system.

Trust Territories - Dependent territories, the management of which was transferred by the UN to a state (“international trusteeship” - a management system implemented on behalf of and under the leadership of the UN). Examples: until these territories gained independence — the Caroline, Marshall Islands — were under the tutelage of the United States, some of the Carolina Islands were under the tutelage of the United Nations.

Condominium  - co-ownership, joint exercise of supreme power over one and the same territory by two or more states (from 1899 to 1956 it was Anglo-Egyptian co-ownership).

Colonial possessions, non-self-governing territories on the modern political

(Colonies, condominiums, territories under guardianship):

Great Britain:

1. Gibraltar (disputed territory with Spain)
2. Saint Helena (Atlantic Ocean)
3. Anguilla ()
4. Virgin (British) Islands (Caribbean)
5. Cayman Islands (Caribbean)

1. Montserrat (Caribbean)
2. Terke and Caicos Islands (Caribbean)
3. Pitcairn (Oceania)
4. Bermuda (Atlantic Ocean)

10. Falkland Islands (Malvinas) (disputed territory of Great Britain and)

Note: The “Overseas Departments” are governed by a commissioner or prefect of the French Republic appointed by the government.

1. French Guiana - Overseas Department (South America)
2. Guadeloupe - “Overseas Department” (Caribbean)
3. Martinique - Overseas Department (Caribbean)
4. maore island - “special territorial formation” (, in a group, near Madagascar)
5. china Island) USA:
   1. Virgin Islands (Caribbean)
   2. Puerto Rico - since 1952 the status of the state "freely joined" to the United States (Caribbean)
   3. East Samoa - “unincorporated” territory (Oceania)
   4. Guam (Pacific Ocean, in the Mariana Islands group)

   1. Cocos (Killing) Islands (Oceania) - “free association” with

   1. Tokelau Islands (Oceania) - “Non-Self-Governing Territory of New Zealand”

   2. Islands and Niue - “internal self-government in the framework of free association with” (Oceania).

International organizations are created to solve specific political problems in accordance with the provisions of international law and on the basis of an agreement between participants. Their most important tasks are to ensure the collective security of member countries, to prevent the development of conflict situations, and to influence the comprehensive solution of political, economic and social issues.

A characteristic feature of the second half of the XX century. the growth of regional interstate organizations and their transformation into international ones due to the entry of countries located in other regions began. A special place among international organizations is occupied by the United Nations (UN).

United Nations  It was created on October 24, 1945 by the 51st country in order to preserve peace, develop international cooperation, and ensure collective security (Fig. 46).

Fig. 46. \u200b\u200bUnited Nations Headquarters in New York (USA)

As of January 1, 2012, the UN included 193 independent states, including Kiribati, Nauru and Tonga that entered in 1999 and Tuvalu and the Federal Republic of Yugoslavia in 2000, Switzerland and East Timor in 2002, and 2006 Montenegro, in 2011 - South Sudan (Fig. 45).

Upon joining the UN, the state assumes the obligations set forth in the Charter, which reflects the principles of international relations and the main goals of the UN:

• maintain international peace and security;
• develop friendly relations between nations;
• carry out international cooperation in resolving international problems;
• promote respect for human rights and be the center for harmonizing the actions of nations in achieving these common goals.

If the state does not fulfill its obligations, then it is recognized as illegitimate (i.e. illegal) and can be expelled from the UN. For example, until 1971, Taiwan represented China at the UN, and the PRC itself has been virtually outside the UN for more than 20 years since its inception. In 1971, Taiwan, at the request of the PRC, was expelled from the UN, although it has all the attributes of an independent state.

For the policy of apartheid of South Africa in 1974, it lost the right to participate in meetings of the General Assembly and was restored to its rights only in 1994.

The United Nations is not a global government and does not adopt laws, but it has powerful levers for resolving political conflicts: troops, financial resources, generated from contributions from participating countries.

According to the UN Charter, member countries that are in arrears in the payment of cash contributions are deprived of voting rights in the General Assembly.

The main organs of the UN are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, and the International Court of Justice.

General Assembly. It represents all UN members, each state has one vote. Decisions on important issues, such as maintaining international peace and security, accepting new members or approving the UN budget, including the budgets of peacekeeping operations, are made by a 2/3 majority. Decisions on other issues are taken by a simple majority vote. The recommendations of the Assembly reflect global public opinion.

Security Council  is responsible for maintaining international peace and security and can be convened at any time in the event of a threat to peace.

The Council consists of 15 members. Five of them - China, the Russian Federation, Great Britain, the USA and France - are permanent members. The remaining 10 members of the Council are elected by the General Assembly for two years according to regional quotas - five seats for Asia and Africa, one for Eastern Europe, two for Latin America, two for Western Europe. Decisions of the Council are considered adopted when the votes of nine of its members are cast for them. However, a decision cannot be made if even one of the permanent members votes against, that is, uses its veto. Council decisions are binding on all member states.

If the war begins, the Council makes efforts to end it; it can also send a peacekeeping mission. The Council can impose economic sanctions, impose arms embargoes, and even organize joint military actions.

Career. International law

Knowledge of the features of the formation of the political map of the world, the history of the occurrence of territorial disputes is especially important for those who have chosen international law as their specialty.

Specialists in the field of international law are in demand today as never before. In addition to their knowledge of English and French, they should know international law, especially the laws of different countries on public and private law, the law of the sea, and should have experience in participating in processes related to the settlement of territorial disputes and claims.

Specialists in international law can work both in state bodies and in international organizations and private firms.

You can get education at the law faculties of leading universities - MGIMO, Moscow State University. MV Lomonosov, Peoples' Friendship University of Russia.

UN peacekeeping mission on the border of Libya and Chad

Aozu Strip - the northern outskirts of Chad, occupied by Libya in 1973. The basis for the capture was the protocol on the delimitation of borders between Libya and the French colonies. An agreement was concluded between France and Italy, which owned the modern territories of Chad and Libya, respectively, in 1935. The current border was established in 1898 by a convention between Great Britain and France.

The justification for the seizure of this desert territory is the available reserves of uranium ore needed by Libya. The hostilities between Libya and Chad and the impossibility of a peaceful resolution to the conflict required the presence of a group of UN observers on this territory.

Fig. 47. Disputed territory on the border of Libya and Chad - Aosu Strip

Economic and Social Council  coordinates the activities of the UN and its institutions in the economic and social fields, in the field of international cooperation. Five regional commissions contribute to economic development and the strengthening of economic relations in their regions.

Guardianship Council  It was created to ensure international monitoring of the Trust Territories under the control of seven Member States. By 1995, all wardship territories had passed to self-government or became independent: either as independent states, or by joining neighboring independent states. The work of the Council today is basically completed, it is planned to transform the Trusteeship Council into a forum for protecting the planet’s environment.

international Court  It is the main judicial body of the United Nations and is engaged in the settlement of disputes between states.

Secretariat  conducts the operational and administrative work of the UN in accordance with the directions of the General Assembly, the Security Council and other bodies. It is headed by the Secretary-General, who recruits the staff needed to operate the organization and provides general administrative leadership.

The secretariat consists of nine departments and a number of departments, employing 8,700 people from almost 160 countries.

Peacekeeping missions. One of the main tasks of the UN is to maintain world peace. According to the Charter, member states must resolve international disputes by peaceful means and refrain from using military force against other states. Nevertheless, there are still many similar conflicts.

Over the years, the UN has played an important role in the prevention of international crises and in the resolution of protracted conflicts through peacekeeping and humanitarian operations.

Peacekeeping operations can last from several months to several years. For example, the UN operation, launched along the ceasefire line between India and Pakistan in the state of Jammu and Kashmir, has been ongoing since 1949, and UN peacekeepers have been in Cyprus since 1964. At the same time, the operation in the Aozu strip between Libya and Chad in 1994 was completed within a month (Fig. 47).

Since 1948, the UN has carried out about 50 peacekeeping operations, in which military personnel from more than 100 countries participated (Fig. 48).

Fig. 48. UN Peacekeepers

Career. UN Peacekeeping Officer

UN peacekeeping operations involve both the famous “blue helmets" - military personnel provided by the United Nations directly by Member States, and civilian personnel performing a wide range of tasks: from monitoring human rights to managing human and material resources. Peacekeeping missions require specialists in areas such as politics, law, human rights, elections, humanitarian assistance, public information, general administrative services, procurement, logistics, civil engineering and electronic data processing.

Candidates must be in excellent health and be prepared to work in difficult and sometimes dangerous conditions. Requirements for candidates for work in missions are the availability of a scientific degree not lower than a master's degree, four years of experience in the specialty and fluency in English and (or) French.

Key ideas of the section

• The status of independent states has monarchies (absolute, constitutional, theocratic) and republics (presidential and parliamentary).
• The states within the Commonwealth recognize the Queen of Great Britain as the head of state.
• The form of government distinguishes between unitary states and federations.
• Unrecognized (self-proclaimed) states appear, as a rule, in the areas where separatist movements are operating in multinational countries or as a result of changes in state borders that "cut" the areas of ethnic groups.
• The right to use international territories and water areas belongs to the entire international community.
• Territories with an undefined status include neutral, rented, occupied territories.
• The development and colonization of territories in the New World by Europeans led to the emergence of dependent (non-self-governing) territories. These are colonies, protectorates, dominions, condominiums, mandated and trust territories, and associated states.
• Decolonization began in the XVIII century. During the XIX century. most of the colonies in Latin America gained independence, Asian countries became independent mainly after the Second World War, Africa after 1960.
• The number of Non-Self-Governing Territories in the world continues to decline.
• International organizations are created to solve specific political problems, ensure collective security of member countries, and prevent the development of conflict situations.
• The most important international organization is the UN, which includes 193 member countries.

Questions to repeat

1. In what part of the world is the largest number of monarchies, federal republics, non-self-governing territories located? Why?
2. Why was the Commonwealth (British) created? Which countries are its members? On what grounds are some (give examples - which?) Countries excluded from the Commonwealth?
3. What is the difference between states with a federal and unitary structure?
4. Why do self-proclaimed states appear on the political map of the world? Give examples.
5. Which territories are international and what is their status?
6. What international rivers, straits, canals do you know? What territories do they connect?
7. Which territories are neutral, rented and occupied? Why are they called territories of undefined status?
8. What modern states had the status of wards? When and in connection with what events did these territories change their “owners” and status?
9. What non-self-governing territories exist at the beginning of the 21st century, where are they located, what metropolises do they belong to?
10. What changes have occurred on the political map of the world in the last decade of the 20th century; at the beginning of the 21st century?
11. What interstate conflicts are most relevant today?
12. What are the states that do not exist on the political map of mmra. What factors are associated with their appearance? What are the main functions of the UN? What organizations are included in the UN system?
13. What current UN operations have you heard on television and radio or read in newspapers over the past month?

Vocabulary

• Leased Territories
• Associated States
• States as part of the Commonwealth
• Decolonization
• Dominions
• Overseas departments
• Overseas territories
• Colonization
• Colonies
• Condominiums
• Confederation
• International Territories
• Monarchies (absolute, constitutional, theocratic)
• Neutral Territories
• Occupied Territories
• Mandated (Trust) territories
• Protectorates
• Of the Republic
• Self-proclaimed States
• Freely Associated States
• Specialized Territorial Administrative Units
• Unitary States of the Federation

A special place among international organizations is the United Nations (UN).

General Assembly.  It represents all UN members, each state has one vote. Decisions on important issues, such as maintaining international peace and security, accepting new members or approving the UN budget, including the budgets of peacekeeping operations, are made by a 2/3 majority. Decisions on other issues are taken by a simple majority vote. The recommendations of the Assembly reflect global public opinion.

Security Council  is responsible for maintaining international peace and security and may be convened at any time in the event of a threat to peace.

The Council consists of 15 members. Five of them - China, the Russian Federation, Great Britain, the USA and France - are permanent members. The remaining 10 members of the Council are elected by the General Assembly for two years according to regional quotas - five seats for Asia and Africa, one for Eastern Europe, two for Latin America, two for Western Europe. Decisions of the Council are considered adopted when the votes of nine of its members are cast for them. However, a decision cannot be made if even one of the permanent members votes against, that is, uses its veto. Council decisions are binding on all member states.

If the war begins, the Council makes efforts to end it; it can also send a peacekeeping mission. The Council can impose economic sanctions, impose arms embargoes, and even organize joint military actions.

Economic and Social Council  coordinates the activities of the UN and its agencies in the economic and social fields, in the field of international cooperation. Five regional commissions contribute to economic development and the strengthening of economic relations in their regions.

International Court  It is the main judicial body of the United Nations and is engaged in the settlement of disputes between states.

Secretariat conducts the operational and administrative work of the UN in accordance with the directions of the General Assembly, the Security Council and other bodies. It is headed by the Secretary-General, who recruits the staff necessary for the work of the Organization and provides general administrative leadership.

In 2007, the Secretariat consisted of nine departments and a number of departments, employing 8,700 people from almost 160 countries.

Peacekeeping operations can last from several months to several years. For example, a UN operation deployed along the ceasefire line between India and Pakistan in the state of Jammu and Kashmir lasts since 1949, and UN peacekeepers have been in Cyprus since 1964. At the same time, the operation in the Aozu strip between Libya and Chad in 1994 g. was completed within a month. Since 1948, the UN has carried out about 50 peacekeeping operations, in which military personnel from more than 100 countries participated.

Legal status of the ward

With regard to the rights of children under guardianship (trusteeship), they are regulated in Art. 148 SK of the Russian Federation. It should be noted that they include all the rights that children brought up in the family have. In particular, this is the child’s right to communicate with parents and other relatives (Article 55 of the RF IC), the right to protect their rights and legitimate interests (Article 56 of the RF IC) the right to express their opinion when deciding any issues affecting their interests in the family , as well as be heard in the course of any judicial or administrative proceedings (Article 57 of the IC RF).

In addition, they have a number of rights arising from their status as wards. These rights are directly enshrined in Art. 148 SK RF, include the right to:

The upbringing in the family of a guardian (curator), care from the side of the guardian (curator), cohabitation with him, with the exception of cases when, according to paragraph 2 of Art. 36 of the Civil Code, separate accommodation of a trustee with a ward over sixteen years of age is allowed with the permission of the guardianship and trusteeship body, provided that this does not adversely affect the education and protection of the rights and interests of the ward;

Providing them with conditions for maintenance, upbringing, education, all-round development and respect for their human dignity;

Alimony, pensions, benefits and other social benefits due to them;

Retention of the right of ownership to a dwelling or the right to use a dwelling, and in the absence of a dwelling, have the right to receive a dwelling in accordance with housing legislation (according to clause 2 of article 57 of the LC RF, out of turn housing is provided to orphans and children left without parental care, persons from among orphans and children left without parental care upon termination of guardianship (guardianship)) Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ (as amended by 12/29/2014) // Meeting of the legislation of the Russian Federation, 01/03/2005, No. 1 (part 1), Art. 14. .

Protection from abuse by the guardian (trustee).

In addition, according to paragraph 3 of Art. 148 of the Insurance Code of the Russian Federation, children under guardianship or guardianship have the right to maintenance, money for which is paid monthly in the manner and in the amount established by the laws of the constituent entities of the Russian Federation, unless the guardians or trustees are appointed at the request of the parents in the manner Part 1 of Art. 13 of the Federal Law On Guardianship. These funds are spent by guardians or trustees in the manner prescribed by Art. 37 of the Civil Code of the Russian Federation. Moreover, unlike parents and adoptive parents, guardians and trustees are not required to support their ward.

Children without parental care can be placed in special (correctional) educational institutions (including in a special educational institution for children and adolescents with deviant behavior) in cases of deviation from the norms or socially dangerous behavior, including the commission of an offense. At the same time, they are covered by the norms of material support provided for by federal legislation for children without parental care.

In those regions of the Russian Federation where there are no educational institutions for orphans and children left without parental care, orphans and children left without parental care can be taken to a boarding school.

Guardians (trustees) are not assigned to children in full state care in the respective educational institutions, medical institutions, social welfare institutions and other similar institutions (hereinafter - educational institutions). Full state care means that the state, in the person of the relevant institution, assumes the protection of the rights and legitimate interests of minor children, their material support, upbringing, and education. In such cases, the duties of the guardians (trustees) are assigned to these institutions Kozlov S.S., Mitchina L.A. Forms and methods of arranging children without parental care // Family and Housing Law. 2011. No 3. P. 14 - 19 ..