Bespalova, M.V. Sovereignty as an element of a state and as a principle of law within the context of its legislative guarantees n the modern European states

Abstract: The article includes analysis of the approaches to sovereignty as an element of state and a principle of law. The author makes a conclusion that a sovereignty as an element of state is a characteristic feature of its supremacy and independence of its government, and as a principle of law it is a collective legal category, expressed outwards in many legal principles and norms, characterizing the bearer of state power, organization of its implementation, principles as well as guarantees of established rule and order within the state and its external independency. The author proposes to distinguish between these approaches to understanding of sovereignty by using logical methods for constructing descriptive and evaluative (normative) sentences. Much attention is paid to the legal guarantees of national sovereignty provided for in the legislative acts of modern European states. The author also points out the topical aspects of their guarantees and the need to find an optimum balance between representative and direct forms of government by the people. Based upon the comparative analysis of the legislation of the Russian Federation and other European states the author draws a conclusion on the need for the further perfection of the national sovereignty institutions in our states, including the direct forms of its implementation.

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