Article title On the Issue of the People’s Right to Rebellion Against Despotism
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11/2014
Сторінки [145-153]
Annotation The article analyzes legal issues of people’s right to rebellion against despotism. Mass unrest phenomenon is considered as manifestation of an aggravated conflict of social interests and extreme reaction against despotic regime. Correlative scientific results of political and legal, social and plebsological approaches for cognition of mass unrest nature were established. The illegal essence of the despotic government as violation of people’s sovereignty is grounded. The establishment of Euro-Atlantic political doctrine of permissible revolutionary struggle against any forms of tyranny, authoritarianism and totalitarianism is studied. The view that methodological basis for the decision on lawfulness or unlawfulness of mass unrest problem can be only moral conceptions of law but not statements of legal positivism is grounded. Contemporary international legal bases for the permissibility of people’s rebellion against despotism are researched.
Keywords mass unrest, public regime, political conflict, despotism, the people’s right to rebellion against despotism.