For citation:
Mustafayev M. H. On the constitutional and legal nature of the Organization of Turkic States. Journal Izvestiya of Saratov University. Economics. Management. Law, 2025, vol. 25, iss. 4, pp. 459-466. DOI: 10.18500/1994-2540-2025-25-4-459-466, EDN: ZJZPQY
On the constitutional and legal nature of the Organization of Turkic States
Introduction. Over the relatively short period of the Organization of Turkic States existence, a wide legal framework has been accumulated between the participating countries for the transition to a higher quality level of legal integration in the future. The purpose of the study focuses on the potential of the Organization and its increased importance in the interstate relations of the post-Soviet countries. The research methodology relies on the comparative legal and interdisciplinary methods, which enhance a more comprehensive study of the key issues of legal integration of the participating countries, as well as identification of the features of the construction and functioning of the institutional and constitutional legal foundations of the international organization. Theoretical analysis. By comparing the experience of the formation and development of modern integration associations, analyzing theoretical approaches and legal doctrines in the field of international and constitutional law, and studying the positions of scholars who examine the constitutional and legal aspects of interstate cooperation, including those in the post-Soviet space, the paper examines the constitutional and legal nature of the Organization, the elements of supranationality in management institutions, and the specifics of the organization’s institutional development. Empirical analysis. The identification of key issues related to legal integration within the framework of the Organization is based on the analysis of the Constitutions of the participating states, national legislation, decisions of interstate and national courts and constitutional control bodies, as well as international agreements and other legal documents that provide information on legal practice. Based on the analysis of legal documents and statistical data, the study identifies the essential features and characteristics of the institutional aspects of the Organization functioning, including assessment of the practical implementation of measures at the interstate level within the organization. Results. As a result of the study, based on the analysis of the features of the construction of supranational legal orders, which are a characteristic attribute of international organizations of the integration type, the current state of the institutional and legal development of the Organization has been assessed, and conclusions about the existing problems of legal integration among the participating countries, including the prospects for the formation of a common legal space within the current format, have been drawn.
- Lastovskaya O. A. The problem of defining the concept of an international intergovernmental organization as a subject of private international law. In: Problemy grazhdanskogo prava [Martynenko I. E. (ed.) Problems of Civil Law]. Grodno, Yanka Kupala State University of Grodno Publ., 2016, pp. 182–189 (in Russian). EDN: UWIRFU
- Mukienko I. N. Legal systems of interstate associations. Public Internetional and Private Internetional Law, 2008, no. 2, pp. 5–8 (in Russian). EDN: JTIMJH
- Mikhaleva T. N. Legal foundations of creation and functioning of transnational integration communities. Law and State, 2018, no. 3–4 (80–81), pp. 90–101 (in Russian). EDN: ZAKPJB
- Chayka K. L. The effect of integration on the role and functions of international organizations. Proceedings of the Institute of State and Law of the RAS, 2022, vol. 17, no. 2, pp. 99–127 (in Russian). https://doi.org/10.35427/2073-4522-2022-17-2-chayka
- Neshataeva T. N. Towards the creation of the Eurasian Union: Integration and supranationalism. International Justice, 2014, no. 2 (10), pp 57–70 (in Russian). EDN: SGVSPB
- Vel’yaminov G. M. Mezhdunarodnoe ekonomicheskoe pravo i process (akademicheskiy kurs) [International economic law and procedure (academic course)]. Moscow, Volters Kluver, 2004. 478 p. (in Russian).
- Malamud A. Presidential diplomacy and the institutional underpinnings of Mercosur: An empirical examination. Latin American Research Review, 2005, vol. 40, no. 1, pp. 138–164.
- Acharya A., Biato M. F., Diallo B., González F. E., Hoshino T., O’Brien T., Olivier G., Yi W. An Asian perspective regional security arrangement in a multipolar world: The EU’s contribution. In: Ortega M. (ed.) Global views on the European Union. European Union Institute for Security Studies, 2004, pp. 93–102.
- Bajkov A. A. Comparative integration. Experience and Patterns of Integration in the United Europe and Asia Pacifi c. Moscow, Aspekt Press, 2012. 256 p. (in Russian).
- Kashirkina A. A., Morozov A. N. Development of Eurasian integration in the context of globalization and regionalization processes. International Law and International Organizations, 2015, no. 2, pp. 231–245 (in Russian). https://doi.org/10.7256/2226-6305.2015.2.14762, EDN: TUEALF
- Klyomin A. V. On correlation between national and European law. Actual Problems of Economics and Law, 2010, no. 2 (14), pp. 184–194 (in Russian). EDN: MBEBMT
- Blankenagel A. “The ghost haunting decisions of European constitutional courts”: What to do with constitutional identity? Sravnitel’noe konstitutsionnoe obozrenie [Comparative Constitutional Review], 2018, vol. 27, no. 5 (126), pp. 42–64 (in Russian). https://doi.org/10.21128/1812-7126-2018-5-42-64
- Klabbers J. An Introduction to International Institutional Law. Cambridge University Press, 2003. 438 p.