Problems of Conceptual Definition of State Borders in the Modern Legal Science
Keywords:
state border, state area, security, defense, protection, limology, immunity
Abstract
The article analyzes different approaches and opiniens of domestic and foreign scholars on the conceptual definition of the notion of State borders. The emergence of this concept has arisen with the establishment of the institute of the State, of state area, territorial integrity. Study of the borders was relevant at all times, so the concept of the border dates back from the time of antiquity. However, his contemporary understanding and appropriate definition were formed later, with the development of cartography. Borders are the complex social phenomenon associated with the fundamental basics of political and territorial organization of the State. It is also a socio-political and legal concept, characterized by different material features (abstract, objectively-significant, systematic-subject and geopolitical). Without clearly defined boundaries of the State one may not realize the full range of essental rights. Since the functioning of the State border depends on the development of intergovernmental and non-governmental relations, border state indicates its level of civility and openness to international cooperation. Law of Ukraine «On the State Border of Ukraine» of 1991 regulates State border as a line and a vertical surface that passes through the lines defining the limits of the territory of Ukraine with land, waters, subsoil, air space. In the most general form the border is determined as officially defined line, edge, a vertical surface that passes along this line, and outlines the territory, which extends the Authority (sovereignty). As a rule, the State border is a legally established and actually artificial line (land and water), and a vertical surface that passes through the line in subsoil waters and airspace), which determine the spatial boundaries of the territory of the State and the scope of its sovereignty and territorial integrity. Features of national legal and international-legal maintenance of State borders, as well as dentifying the problems and prospects of to ensure the territorial integrity of the its solution State territory, peace and security and defined.Downloads
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How to Cite
[1]
Kaminska, N. and Klochkov, B. 1. Problems of Conceptual Definition of State Borders in the Modern Legal Science. Law Magazine of the National Academy of Internal Affairs. 10, 2 (1), 16-25.
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Section
Legal regulation of law enforcement
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