Laws of the subjects of the Russian Federation. Principles of the modern model of the federal structure of Russia. The relationship between federal legislation and the legislation of the constituent entities of the Russian Federation
Legislation of the constituent entities of the Russian Federation
Introduction.
1. The concept of legislation of a subject of the Russian Federation. The essence of the legislative powers of a subject of the Russian Federation.
2. Ratio federal legislation and legislation of the constituent entities of the Russian Federation. The content of the legislative powers of a constituent entity of the Russian Federation on subjects of joint jurisdiction and exclusive jurisdiction of a constituent entity of the Russian Federation.
3. Problems of ensuring a single legal space.
Conclusion.
Introduction.
The topic of legislation of the constituent entities of the Russian Federation is one of the central ones in the modern science of constitutional law of the Russian Federation.
Lawmaking is one of the most important areas of work of any state. Based on the results of law-making work, the state as a whole is judged. The meaning and significance of lawmaking is to choose a version of regulation, legal regulation that would best meet the interests of the people and the legislator and contribute to the progress of society.
In modern conditions of the formation of a unified legal space on the territory of the Russian Federation, issues of internal harmonization of the legislation of the Russian Federation are of particular relevance. Considering that Russia is a federal state and state power is divided between the center and the constituent entities of the Russian Federation, which, within the framework of their jurisdiction and powers, carry out their own rule-making, the problem of coordinated development of federal legislation and the legislation of the constituent entities arises.
This work will examine questions about the concept and meaning of the legislation of the constituent entities of the Russian Federation. In addition, it is expected to consider issues such as:
– the relationship between federal and regional legislation;
– problems of ensuring a single legal space in the Russian Federation.
1. The concept of legislation of a subject of the Russian Federation. The essence of the legislative powers of a subject of the Russian Federation.
Russian Federation according to Art. 1 of the Constitution of the Russian Federation is a federal state.
The designation of the Russian state as a federal one characterizes the form of its government structure, which is different from the form of government structure of a unitary state. The Russian state is a single state consisting of territorial structural units that have independence within the framework defined by the Constitution and are endowed with a set of rights that form their legal status.
The Russian Federation includes republics, territories, regions, cities of federal significance, an autonomous region and autonomous districts.
Each of these subjects of the Federation has its own administrative-territorial boundaries. In the Russian Federation, along with the central government bodies exercising powers throughout the country, there are legislative and executive bodies of the corresponding subjects of the Federation. They exercise power on their territory within the limits of their competence and in relation to the subjects of jurisdiction defined in the Constitution of the Russian Federation. The subjects of the Federation have their own legislation and their status is enshrined in the relevant constitutions (charters).
Before moving on to the essence and content of the legislative powers of the constituent entities of the Russian Federation, it is necessary to highlight the issue of their constitutional and legal status, since legislative powers flow directly from it.
From the analysis of the legal nature of the subjects of the Russian Federation, it follows that all of them are endowed by the Constitution of the Russian Federation with the status of state entities, as evidenced by the presence of elements of constituent power, their own legislation, territorial supremacy, and the special nature of relations with the federal government. If ordinary administrative units do not have legal personality precisely as part of the federation, then the members of the federation are characterized by the nature of a quasi-state union as a subject of law in a number of ways, identical to the state in the proper sense, but characterized by the absence of sovereignty.
The Constitution of the Russian Federation uses the term status in relation to the constituent entities of the Russian Federation, but does not define it and does not disclose the content of this concept.
In legal science, legal status generally means, as a rule, the totality of the rights and obligations of the subject of law, as well as the totality of guarantees for the implementation of his rights (status guarantees), responsibilities and restrictions (if any and are significant for the legal status).
In relation to the constitutional and legal status of a subject of the Russian Federation, this definition may have some methodological significance, but in a slightly modified form.
From the analysis of the provisions of Article 66 of the Constitution, we can conclude that it distinguishes between two meanings of the concept “status of a subject of the Russian Federation”: narrow, coinciding with the title one, corresponding to part 1 of Art. 65 of the Constitution of the Russian Federation, and broad, defined in addition to the Constitution of the Russian Federation by the constitutions and charters of the constituent entities of the Russian Federation, as well as federal laws and treaties.
When talking about the concept of the status of a subject of the Russian Federation, they usually mean precisely this broad meaning of this concept.
In the scientific literature, however, the concept of the constitutional and legal status of a subject of the Russian Federation is not defined unambiguously; more often, authors dwell on the characteristics of the structure of the status of a subject of the federation.
According to A. A. Liverovsky, the following scheme of the status of a subject of the Russian Federation, consisting of three groups of elements, is acceptable:
1) Static component of the status of a subject of the Russian Federation. This group reflects the statics of the subject of the federation, expresses its position as a subject of public law. The ability to change elements of a static component exists, but is implemented extremely rarely. A static component includes the following elements:
– official name of the subject of the Russian Federation;
– symbolism;
– “domicile”;
– definition of official languages;
– territory;
– citizenship.
2) The second group consists of a functional component of the status of a subject of the Russian Federation - a developing element of status. This group usually includes the subject’s jurisdiction and its powers.
3) Jurisdictional component of status. This group of elements characterizes the controllability of the subject’s activities and his responsibility.
If we follow the given structure of the status of a subject of the Russian Federation, then its legislative powers are an element of the functional component of the status, i.e., the developing element of the status.
The legislative powers of the subjects of the Russian Federation stem directly from their constitutional and legal status, as was already mentioned earlier. The Constitution of the Russian Federation establishes that the subjects of the federation are equal in relations with each other and with government bodies of the Russian Federation. This means that their status is equal, the same. However, in some aspects differences in status are still observed.
For example, the Constitution of the Russian Federation characterizes the republics as states within Russia. According to some authors, this provision should not be taken literally, because republics are deprived of the most important feature of statehood - sovereignty, and limited sovereignty cannot be discussed in principle. The Constitutional Court of the Russian Federation also takes similar positions. Thus, in its Resolution No. 10-P dated 06/07/2000 “In the case of verifying the constitutionality of certain provisions of the Constitution of the Altai Republic and the Federal Law “On the General Principles of the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”, the Constitutional Court indicated that sovereignty The Russian Federation as a democratic federal rule of law state, extending to its entire territory, is enshrined in the Constitution of the Russian Federation as one of the foundations of the constitutional system (Article 4, Part 1). The bearer of sovereignty and the only source of power in the Russian Federation, according to the Constitution of the Russian Federation, is its multinational people (Article 3, Part 1), who, preserving the historically established state unity, based on the generally recognized principles of equality and self-determination of peoples and reviving the sovereign statehood of Russia, accepted Constitution of the Russian Federation (preamble).
The Constitution of the Russian Federation does not allow for any other bearer of sovereignty and source of power other than the multinational people of Russia, and, therefore, does not imply any other state sovereignty other than the sovereignty of the Russian Federation. The sovereignty of the Russian Federation, by virtue of the Constitution of the Russian Federation, excludes the existence of two levels of sovereign authorities located in a single system of state power, which would have supremacy and independence, i.e. does not allow the sovereignty of either republics or other subjects of the Russian Federation.
Perhaps the only difference from other subjects in the status of republics is their right to establish their own state language along with the Russian language (Clause 2 of Article 68 of the Constitution of the Russian Federation).
In general, the status of the subjects of the Russian Federation in terms of legislative powers is the same.
What is the essence of the legislative powers of a constituent entity of the Russian Federation? It consists in the right of a subject of the Federation to regulate a certain range of social relations by legislative means in compliance with the established procedure.
The range of these social relations is determined based on the principles of division of powers between the Russian Federation and the constituent entities of the Russian Federation.
The peculiarity of the legislation of a subject of the Russian Federation is that through it (legislation) the sovereignty of the subject, the sovereign will of the population of the subject of the Russian Federation is not expressed, since such features are inherent only in federal legislation. The subject of the federation, exercising its right to legislation, only exercises the powers of the Russian Federation assigned to it (transferred to it) as a sovereign state.
In the science of constitutional law, the term legislation is used in a broad and narrow sense.
In a broad sense, this concept includes all regulations issued by the relevant government bodies. In this regard, the legislation of the constituent entities of the Russian Federation is understood as the totality of the laws themselves, by-laws of the state authorities of the constituent entity of the Russian Federation. For example, the Constitution of the Altai Republic in Article 89 (Chapter 7 - “Legislation of the Altai Republic) establishes that legal basis Altai Republic are:
– The Constitution of the Russian Federation, federal constitutional laws and federal laws;
– Constitution of the Altai Republic;
– constitutional laws and laws of the Altai Republic;
– resolutions of the State Assembly – El Kurultai of the Altai Republic;
– decrees of the head of the Altai Republic, which are of a normative legal nature;
resolutions of the Government of the Altai Republic that have regulatory and legal significance.
In a narrow sense, the legislation of a constituent entity of the Russian Federation is understood as its main document (constitution or charter), as well as current legislation on issues of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation, as well as on issues of exclusive jurisdiction of a constituent entity of the Russian Federation.
Based on the above, the structure of legislation of a constituent entity of the Russian Federation includes:
– Constitution (charter) of a subject of the Russian Federation;
– current legislation.
From the point of view of the powers of a subject of the Russian Federation, two components can be distinguished in the structure of its legislation:
1) legislation on subjects of joint jurisdiction of the constituent entity of the Russian Federation;
2) legislation on subjects of exclusive jurisdiction of a constituent entity of the Russian Federation.
Returning to the question of the status of a subject and its reflection in the legislation of a subject of the Russian Federation, we should pay attention to the difference in the names of the main documents of the subjects of the Federation. In republics, such a document is called a “constitution”, in all other subjects it is called a “charter”. Does this difference in names have legal significance? In our opinion, one should agree with A.V. Bezrukov that “the differences in the names of the main constituent documents of the constituent entities of the Russian Federation can be called formal.” This is due to the fact that the legal consequences of the application of these acts and their legal protection are identical. In addition, this conclusion follows from an analysis of the norms of the Constitution of the Russian Federation, which does not distinguish between constitutions and charters of constituent entities. All these documents perform the same functions.
So, we have generally defined the concept of legislation of the constituent entities of the Russian Federation and identified the essence of the legislative powers of the constituent entities of the Russian Federation.
Based on the foregoing, the legislation of a subject within the framework of this work will be understood as a set of acts of the highest legal force of a subject of the Russian Federation, including the constituent document of the subject (constitution or charter), as well as current acts on issues of joint jurisdiction of the subject of the Russian Federation and the Russian Federation, acts on issues exclusive competence of a subject of the Russian Federation.
The highest legal force of legislative acts of a constituent entity of the Russian Federation is expressed, first of all, in the fact that they act directly and are binding on all citizens, legal entities, officials and government bodies throughout the territory of the constituent entity of the Russian Federation.
The essence of the legislative powers of a subject of the Russian Federation is expressed in its ability and ability to adopt legislative acts in compliance with the established procedure, mandatory for application throughout the territory of the subject of the Russian Federation by all subjects of law, which expresses the vesting of the subject of the Russian Federation with powers of a state-imperious nature on issues of joint jurisdiction of the Russian Federation and its subjects and exclusive jurisdiction of the subjects of the Russian Federation.
This section will discuss the relationship between federal and regional legislation of the Russian Federation. The significance of this issue is quite great, since clearly formulated principles of interaction between federal and regional authorities (including in the field of legislation) are a guarantee of stability and efficiency in the development of the legal system and the state as a whole.
The place of legislation of a constituent entity of the Russian Federation in the system of Russian legislation can be characterized as a special level of regulatory legal acts that occupy a certain niche in the vertical structure of the country's legislation. In this case, you should pay attention to the following points:
1) the relationship between regional legislation and federal legislation is not always built on the principle of hierarchy, i.e. subordination. According to a number of authors, these two systems are to a certain extent equal. It cannot, for example, be assumed that the legislation of a constituent entity of the Russian Federation must comply with all federal legislation (in a broad sense), including by-laws of federal executive bodies. Each level of Russian legislation is formed by relatively independent government bodies within their competence.
2) on the other hand, the connection between these levels of legislation is so strong that it is impossible to talk about their parallel and absolutely independent existence. Many federal laws contain reference norms to legal acts of the constituent entities of the Russian Federation. At the same time, many acts of regional legislation are based on federal laws and are adopted in their development.
3) not all regional legislation is equally related to federal legislation. Some regulatory legal acts at the regional level are more independent, others are intertwined with federal acts, and the norms contained in them, in fact, form a single whole with the federal ones. This, in some cases, causes legal conflicts between these levels of legislation, since changes in the norms of one level automatically lead to their inconsistency with the norms of the lower level. This will be discussed in more detail later.
At the same time, there are many unresolved issues in determining the place of legislation of a constituent entity of the Russian Federation in Russian legislation. In particular, federal and regional legislation have not yet clearly defined their niches. Very often, acts of the indicated levels unreasonably repeat each other, the content is often identical, even the names of such documents do not differ. According to some authors, approximately two-thirds of the laws of the constituent entities of the Russian Federation have their analogues at the federal level.
Often, contradictions arise between these levels of legislation, which significantly complicate law enforcement practice. Sometimes situations arise when at the regional level issues are resolved on the basis of the legislation of a constituent entity of the Russian Federation, and when it comes to the Supreme Court of the Russian Federation, such decisions are revised based on federal legislation.
The reasons for the above phenomena will be discussed above. Now I would like to turn to the constitutional foundations of the relationship between federal and regional legislation.
Part 1 of Article 15 of the Constitution of the Russian Federation states: “The Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the entire territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.”
Further, in accordance with Article 76 of the Constitution of the Russian Federation, federal constitutional laws and federal laws are adopted on subjects of jurisdiction of the Russian Federation that have direct effect throughout the entire territory of the Russian Federation.
On subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them are issued.
Outside the jurisdiction of the Russian Federation, the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, republics, territories, regions, federal cities, autonomous regions and autonomous districts carry out their own legal regulation, including the adoption of laws and other regulatory legal acts.
This article of the Constitution also contains the constitutional foundations of the mechanism for resolving conflicts between the legislation of the constituent entities and federal legislation. The criteria are the following subjects:
1) Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted on subjects of the exclusive jurisdiction of the Russian Federation and the joint jurisdiction of the constituent entities of the Russian Federation and the Russian Federation. In the event of a conflict between a federal law and another act issued in the Russian Federation, the federal law shall apply.
2) In the event of a contradiction between a federal law and a regulatory legal act of a constituent entity of the Russian Federation, issued in accordance with the exclusive competence of a constituent entity of the Russian Federation, the regulatory legal act of a constituent entity of the Russian Federation shall apply.
Consequently, when resolving emerging problems and conflicts, one should proceed, first of all, from the subjects of exclusive jurisdiction of the Russian Federation, joint jurisdiction and exclusive jurisdiction of the subjects of the Russian Federation, enshrined in Articles 71, 72 and 73 of the Constitution of the Russian Federation.
In accordance with the Federal Law of 06.10.1999 No. 184-FZ (as amended on 04.07.2003) “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”, the division of powers is also carried out between government bodies of the Russian Federation and state bodies authorities of the constituent entities of the Russian Federation (including in the field of rule-making).
According to this law, the powers exercised by state authorities of a constituent entity of the Russian Federation on the subjects of jurisdiction of the constituent entities of the Russian Federation are determined by the constitution (charter), laws and other normative legal acts of the constituent entity of the Russian Federation adopted in accordance with them.
The powers exercised by public authorities of a constituent entity of the Russian Federation on subjects of joint jurisdiction are determined by the Constitution of the Russian Federation, federal laws, agreements on the division of powers and agreements.
The powers exercised by government bodies of a constituent entity of the Russian Federation on subjects within the jurisdiction of the Russian Federation are determined by federal laws, normative legal acts of the President of the Russian Federation and the Government of the Russian Federation issued in accordance with them, as well as agreements.
Federal laws, agreements on the division of powers and agreements defining the powers of public authorities of a constituent entity of the Russian Federation must establish the rights, duties and responsibilities of public authorities of a constituent entity of the Russian Federation, the procedure and sources of financing for the exercise of relevant powers, and cannot simultaneously assign similar powers to federal authorities state authorities and local government bodies, and must also comply with other requirements established by this Federal Law. These requirements also apply to decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.
As for the legislative powers of a constituent entity of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and its constituent entities, as well as on issues of exclusive jurisdiction of constituent entities, the situation here is as follows.
There is a kind of general procedure for the participation of a constituent entity of the Russian Federation in lawmaking on issues of joint jurisdiction, which is established by the above-mentioned Federal Law of October 6, 1999.
Article 26.4 of this law establishes the following rules. Draft federal laws on subjects of joint jurisdiction are coordinated with the legislative (representative) and supreme executive bodies of state power of the constituent entities of the Russian Federation.
Draft federal laws on subjects of joint jurisdiction, after their submission to the State Duma of the Federal Assembly of the Russian Federation, are sent to the legislative (representative) and supreme executive bodies of state power of the constituent entities of the Russian Federation for their submission to the State Duma within thirty days of responses to these bills.
If the legislative (representative) and supreme executive bodies of state power of the constituent entities of the Russian Federation of more than one third of the constituent entities of the Russian Federation speak out against the adoption of the relevant federal law, a conciliation commission is created by decision of the State Duma.
The response of the state authorities of a constituent entity of the Russian Federation to a draft federal law on subjects of joint jurisdiction is considered positive if the legislative (representative) and the highest executive bodies of state power of a constituent entity of the Russian Federation support the adoption of this draft federal law.
The response of the state authorities of a constituent entity of the Russian Federation to a draft federal law on subjects of joint jurisdiction is considered negative if the legislative (representative) and the highest executive bodies of state power of a constituent entity of the Russian Federation speak out against the adoption of this draft federal law.
If the opinions of the legislative (representative) and the highest executive bodies of state power of a subject of the Russian Federation are divided, it should be considered that the opinion of the state authorities of the subject of the Russian Federation is not expressed.
Draft federal laws on subjects of joint jurisdiction, adopted by the State Duma in the first reading, are sent to the legislative (representative) bodies of state power of the constituent entities of the Russian Federation for submission to the State Duma of amendments to these bills within thirty days. Before the expiration of this period, consideration of these bills in the second reading is not allowed.
On the other hand, on subjects of joint jurisdiction, the constituent entities of the Russian Federation are granted the right of so-called “advanced rule-making.” This right is established by Art. 76 of the Constitution, according to which, before the adoption of a federal law on subjects of joint jurisdiction, the constituent entities of the Russian Federation can regulate in this area independently, however, after the adoption of the corresponding federal law, the laws of the constituent entities of the Russian Federation must be brought into line with it or repealed.
At one time, many constituent entities of the Russian Federation took advantage of this right. This right of subjects has been repeatedly confirmed by the Constitutional Court of the Russian Federation.
Currently, this gives rise to numerous legal conflicts between federal and regional legislation.
To do this, it is necessary to turn to the constitutions (statutes) of specific subjects of the Russian Federation, since it is in these documents that the powers in the sphere of exclusive jurisdiction of the subject of the Russian Federation are specified.
However, the above does not apply to all constituent documents of the constituent entities of the Russian Federation. Many of the constitutions and charters of the constituent entities of the Russian Federation are limited to only formal phrases on this matter. Thus, the constitution of the Republic of Dagestan in Art. 65 establishes: “Outside the jurisdiction of the Russian Federation and joint jurisdiction with the Russian Federation, the Republic of Dagestan carries out its own legal regulation, including the adoption of laws and other normative legal acts.”
However, some subjects of the Russian Federation provide in their constituent documents a detailed list of subjects of their exclusive jurisdiction.
Thus, in the Charter of the city of federal significance of Moscow, Article 13 defines the jurisdiction of the city of Moscow. Among them:
1) adoption and amendment of the Charter and other legal acts of the city of Moscow, monitoring their compliance;
2) territorial structure and territory of the city of Moscow;
3) establishment of a system of government bodies of the city of Moscow, the procedure for their organization and activities; establishment and delimitation of powers and responsibilities of public authorities of the city of Moscow and their officials; formation of government bodies of the city of Moscow;
4) regulation of the organization of local self-government in accordance with federal legislation and the peculiarities of the legal status of the city of Moscow as a subject of the Russian Federation - a city of federal significance;
5) property of the city of Moscow and its management;
6) the budget of the city of Moscow, territorial state extra-budgetary funds of the city of Moscow;
7) taxes, fees, payments, fines, with the exception of federal ones;
8) protection of public order, organization and maintenance of public order protection bodies of the city of Moscow, monitoring their activities, ensuring fire safety, organizing the fire service of the city of Moscow;
9) comprehensive socio-economic development of the city of Moscow; city target programs for economic, environmental, social and cultural development of the city of Moscow;
10) urban issues of education, upbringing, science, culture, physical culture and sports, healthcare, sanitary well-being of the population, family protection, motherhood, paternity and childhood, labor and employment, social protection and support of the population, including social security.
It should be recognized that the established list of exclusive subjects of jurisdiction is generally characteristic of all subjects of the Russian Federation.
In the final part of the work, problematic issues of ensuring a single legal space in the Russian Federation will be considered, taking into account the stated provisions on the relationship between the legislation of the constituent entities of the Russian Federation and the federal one.
3. Problems of ensuring a single legal space.
Earlier, some problems of ensuring a single legal space in the Russian Federation were already mentioned. The main task at the present stage is the harmonization of the legislation of the constituent entities of the Russian Federation and the Russian Federation.
There are several aspects to the problem.
Firstly, this is an unjustified duplication of the norms of federal legislation with the legislation of the constituent entities.
Secondly, conflicts between the legislation of the subjects and federal legislation due to the direct contradiction of some acts of legislation of the subjects of the federal Constitution and laws.
In order to determine when and to what extent repetitions of the content of federal legislation are permissible in acts of regional legislation, it is necessary to understand the nature of such repetitions.
Their emergence is facilitated by the fact that a significant part of public relations is regulated, and in the most detailed manner, at the federal level through the adoption of federal laws, decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, as well as departmental acts. In this regard, the subjects of the federation have little scope for their own law-making.
Frequent repetitions of federal provisions in acts of regional legislation are at the same time the result of the desire of the regional legislator to avoid contradictions with higher legislation.
Some authors believe that duplication of federal legislation in the regions is due, among other things, to the lack of qualified lawyers with sufficient knowledge and experience to develop their own original regulations at the regional level.
Many repetitions of federal legislation at the regional level are simply inevitable. This is due to the need to build a clear logical structure of the normative legal act.
Thus, the duplication of acts of federal legislation at the regional level is associated with many objective and subjective reasons.
Of course, we must strive to have fewer such repetitions, but it is impossible to completely get rid of them.
In some cases, the question arises: is this phenomenon - duplication of federal legislation - so negative? Of course, when answering this question, one should approach each individual subject strictly individually. However, we can say with confidence that, due to objective reasons, most subjects of the Russian Federation are very individual. They differ in their economic, social and political development, and in their cultural level. All this requires consideration when forming the own legislation of a constituent entity of the Russian Federation.
In addition, thoughtless copying of federal regulations often leads to serious contradictions between the form and content of the phenomenon being described. For example, the Constitution of the Russian Federation enshrines the norm that the Russian Federation is a sovereign state and exercises its sovereignty throughout its territory. In addition, the Constitution of the Russian Federation establishes that the only source of power in the Russian Federation and the bearer of sovereignty is its multinational people.
In the Constitution of the Republic of Dagestan, these norms are simply copied. And it turns out that the Republic of Dagestan is a sovereign, united, democratic state within the Russian Federation, expressing the will and interests of the entire multinational people of Dagestan (Article 1). The bearer of sovereignty and the source of state power in Dagestan is its multinational people (Article 4). If you follow this logic, then in the Russian Federation there are several bearers of sovereignty (at least 21 – according to the number of republics within Russia). Such a statement cannot be called anything other than absurd. It is obvious that the norms of the federal Constitution were simply thoughtlessly copied.
Another important problem is the problem of emerging contradictions between the legislation of the constituent entities and federal legislation. At the same time, we can talk about contradictions only in relation to subjects of joint jurisdiction of the federation and its subjects. Because if federal legislation contradicts regional legislation in the sphere of exclusive jurisdiction of subjects, then this is already a constitutional and legal tort of the Russian Federation. The act of federal legislation is not applicable in this case.
However, there are often cases in the political practice of our country when the norms of legislation of the constituent entities of the Russian Federation contradict not only federal legislation, but also the Constitution of the Russian Federation.
One of the priority areas of legal reform is improving the protection of the Constitution of the Russian Federation, the legal system as a whole, including the mechanism of state regulatory control. The Ministry of Justice of Russia and its territorial bodies are called upon to play a role in it, which “really should become the center for the formation, and most importantly, the implementation of legal policy at both the federal and regional levels.” This is also enshrined in the Decree of the President of the Russian Federation “On additional measures to ensure the unity of the legal space of the Russian Federation” dated August 10, 2000.
The problem of ensuring the unity of the legal space is relevant not only for the Russian justice authorities. Traditionally, it was and remains important for the prosecutor’s office and courts, and with the adoption of the Decree of the President of the Russian Federation of May 13, 2000, for the institution of plenipotentiary representatives of the President in federal districts.
Since the basis of the legal system of Russia is the Constitution, the unity of the legal space of the Russian Federation can be defined as the state of consistency, correlation and subordination of legal norms stipulated by the Federal Constitution, based on their legal significance (supremacy).
The mechanism for ensuring the unity of the legal space should include the following elements:
– completion of the legislative framework for the most important constitutional and legal institutions of the Russian Federation and its constituent entities, including on the issue of the framework for possible rule-making by government bodies of the constituent entities of the Federation, which would make it possible to decisively stop the tendency of individual regions to excessive sovereignty;
– improving the quality of preparation of normative legal acts by participants in the rule-making process by increasing their legal qualifications and improving rule-making technologies. The collision avoidance mechanism will be of particular importance. According to M. Baglai, it is without overcoming them, since they are the causes of conflicts and constitutional crises that are undesirable for any government, that it will be impossible to ensure the unity and interaction of all elements of the Russian legal system;
– introduction into legal practice of elements of model legal regulation on issues of joint jurisdiction of the Russian Federation and its constituent entities, as well as certain issues of local importance.
Being a component of a single legal space, each level of rule-making has its own boundaries and subject of legal regulation, is characterized by relative independence, and at the same time, all levels require mutual consistency and orderliness. As an analysis of rule-making activity shows, one of the reasons for the amorphous nature of the country’s unified legal space is the non-compliance with the principle of priority of the norms of the Constitution of the Russian Federation over other legal norms, federal legal norms over the norms of the constituent entities of the Federation.
According to both the Ministry of Justice and the Prosecutor General's Office of Russia, about a third of legal acts adopted in the constituent entities of the Federation contradict the Constitution of the Russian Federation and federal laws.
This state of affairs, according to the President of Russia, calls into question the constitutional security of the state, the very capacity of the federal center, and the integrity of the state.
– improving the system of government bodies participating in joint activities to ensure the unity of the legal space, their interaction and coordination.
Such activities have not yet acquired a systematic character due to the lack of a legal mechanism for its implementation, a clear distribution of the functions of each of the bodies within it, and coordination of their joint efforts.
In the context of building a new vertical of executive power in the country, the reformed institution of plenipotentiary representatives of the President in the federal districts should also play a role. According to the regulation approved by the Decree of the President of the Russian Federation dated May 13, 2000, one of the functions of the Presidential Plenipotentiary Representative in the Federal District is to organize control over the implementation of federal laws, decrees and orders of the President, the implementation federal programs in the federal district.
In connection with the problem of ensuring a unified legal space, I would like to note the leading role of the Constitutional Court of the Russian Federation in the field of harmonization of the regional and federal levels of legislation.
In accordance with the Federal Constitutional Law of July 21, 1994 No. 1-FKZ (as amended on December 15, 2001) “On the Constitutional Court of the Russian Federation”, this body in order to protect the foundations of the constitutional system, fundamental rights and freedoms of man and citizen, ensure supremacy and direct action The Constitution of the Russian Federation throughout the territory of the Russian Federation resolves cases of compliance with the Constitution of the Russian Federation:
b) constitutions of republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of public authorities of the Russian Federation and the joint jurisdiction of public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation;
c) agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, agreements between state authorities of the constituent entities of the Russian Federation;
3) upon complaints of violation of the constitutional rights and freedoms of citizens and upon requests from the courts, checks the constitutionality of the law applied or to be applied in a particular case;
Based on the results of consideration of the case on checking the constitutionality of a normative act of a government body or an agreement between government bodies, the Constitutional Court of the Russian Federation makes one of the following decisions:
1) on recognizing a normative act or agreement or individual provisions thereof as consistent with the Constitution of the Russian Federation;
2) on recognizing a normative act or agreement or individual provisions thereof as inconsistent with the Constitution of the Russian Federation.
Recognition of a normative act of a constituent entity of the Russian Federation, an agreement of a constituent entity of the Russian Federation, or individual provisions thereof as inconsistent with the Constitution of the Russian Federation is grounds for the cancellation, in the prescribed manner, by state authorities of other constituent entities of the Russian Federation of the provisions of normative acts adopted by them or concluded agreements containing the same provisions as those declared unconstitutional.
If, within six months after the publication of the decision of the Constitutional Court of the Russian Federation, a normative act similar to that recognized as unconstitutional is not repealed or amended, and the validity of an agreement similar to that recognized as unconstitutional is not terminated in whole or in part, the state body or official authorized by federal law shall bring protest or go to court with a demand to declare such a normative act or agreement invalid.
It should be noted that during its activities in the designated areas, the Constitutional Court of the Russian Federation performed its functions regularly and made a significant contribution to ensuring the unity of the country’s legal space and compliance of the constituent entities’ legislation with the federal one.
Conclusion.
What regional legislation will be like depends largely on federal legislation, which, by its content, actually leaves one or another scope for the law-making bodies of the constituent entities of the Russian Federation.
Therefore, to harmonize federal and regional legislation, a clear position is required not only by the authorities of the constituent entities of the Russian Federation, but also by federal authorities.
Many authors speak out about the need to adopt the Fundamentals of the Legislation of the Russian Federation, which establishes the general principles and goals of legal regulation on issues of joint jurisdiction, and to develop draft model (standard) legislative acts that would serve as the basis for lawmaking of the subjects of the Federation on certain issues of joint jurisdiction.
There are also positions according to which it is advisable to vest the territorial bodies of the Ministry of Justice in the constituent entities of the Federation with the right of legislative initiative, which would allow federal center influence the process of ensuring the unity of the legal space when the constituent entities of the Federation carry out legislative activities, especially since the Federal Law “On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” dated October 6, 1999 (clause 1 of Art. 6) provided for this possibility. Such an active form of participation in regional lawmaking by territorial justice bodies would make it possible to eliminate the problem of inconsistency of regional legislation with the federal Constitution and laws already at the stage of drafting a bill.
There are many solutions proposed, but they all must be weighed and adopted systematically, since the activities of one or two state bodies will not improve the situation.
List of used literature and normative material:
2. Federal Constitutional Law of July 21, 1994 No. 1-FKZ (as amended on December 15, 2001) “On the Constitutional Court of the Russian Federation” // Collection of Legislation of the Russian Federation, July 25, 1994, No. 13, Art. 1447.
3. Federal Law of 06.10.1999 No. 184-FZ (as amended on 04.07.2003) “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” // Collection of Legislation of the Russian Federation, 18.10.1999, No. 42, Art. 5005.
4. Resolution of the Constitutional Court of the Russian Federation dated October 18, 1996 “On the case of verifying the constitutionality of a number of provisions of the Charter of the Altai Territory” // Collection of legislation of the Russian Federation. No. 4. Art. 409.
5. Resolution of the Constitutional Court of the Russian Federation dated 06/07/2000 No. 10-P “On the case of verifying the constitutionality of certain provisions of the Constitution of the Altai Republic and the Federal Law “On the General Principles of the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” // Collection of Legislation of the Russian Federation , 06/19/2000, No. 25, art. 2728.
6. Decree of the President of the Russian Federation of May 13, 2000 “On plenipotentiary representatives of the President in federal districts” // Collection of legislation of the Russian Federation, 05.15.2000, No. 20, art. 2112.
7. Decree of the President of the Russian Federation of August 10, 2000 “On additional measures to ensure the unity of the legal space of the Russian Federation” // Collection of legislation of the Russian Federation, 08.14.2000, N 33, art. 3356.
8. Constitution of the Altai Republic / Constitutions of the republics within the Russian Federation. M., 2003.
9. Constitution of the Republic of Dagestan / Constitutions of the republics within the Russian Federation. – M., 2003.
10. Steppe Code (Constitution) of the Republic of Kalmykia / Constitutions of the republics within the Russian Federation. – M., 2003.
11. Charter of the city of Moscow. – M., 2003.
12. Baglay M.V. Constitutional law of the Russian Federation. – M.: NORM, 2003.
13. Bobrova N. A. “War of Laws,” or the inadmissibility of weakening the guarantees of the supremacy of federal legislation // Law and Law. No. 2. 2000.
14. Bocharova E. P. Lawmaking of the constituent entities of the Russian Federation // Law and Politics. No. 1. 2003.
15. Budylka V. Regional rule-making // Russian justice. No. 5. 2001.
16. Kryazhkov V. Unity of the legal space of Russia // Russian justice. No. 11. 2000.
17. Liverovsky A. A. On the structure of the status of a subject of the Russian Federation // Scientific notes. 2000. No. 5.
18. Muratshin F.R. Legislation of a subject of the Russian Federation and the problem of its harmonization with federal legislation (regional view) // Law and Law. No. 10. 2000.
19. Sidorenko E.N. Ministry of Justice of Russia and regional law-making. Bulletin of the Ministry of Justice of the Russian Federation, 2000, No. 4
20. Somov S. Unity of legal space. // Legality. No. 2. 2001.
21. Uss A.V., Bezrukov A.V., Kondrashev A.A. Problems of formation of subjects of the Russian Federation and changes in their constitutional and legal status in the context of the prospects of Russian federalism // Journal Russian law. 2004. № 7.
22. Seagull Yu.Ya. Steadily strengthen constitutional legitimacy. Bulletin of the Ministry of Justice of the Russian Federation, 2000, No. 8. The Constitution of the Russian Federation, adopted by popular vote on December 12, 2003 // Rossiyskaya Gazeta, No. 237, December 25, 1993. Liverovsky A. A. On the structure of the status of a subject of the Russian Federation // Scientific notes. 2000. No. 5. p. 22
Collection of legislation of the Russian Federation, 06/19/2000, No. 25, art. 2728. Constitution of the Altai Republic / Constitutions of the republics within the Russian Federation. M., 2003. p. 123
Uss A.V., Bezrukov A.V., Kondrashev A.A. Problems of formation of subjects of the Russian Federation and changes in their constitutional and legal status in the context of the prospects of Russian federalism // Journal of Russian Law. 2004. No. 7. p. 16 Charter of the city of Mokva. – M., 2003. 3. At the moment, it is too early to say that the system of civil legislation of the constituent entities of the Russian Federation has fully developed. It is hoped that in the foreseeable future the legislation of the constituent entities of the Russian Federation in this area will constantly develop with... State ownership of land in the Russian Federation 5) land, water, forestry legislation, legislation on subsoil, on environmental protection. Outside the jurisdiction and powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and its subjects, the subjects of the Russian Federation, according to Article 73 of the Constitution of the Russian Federation, have all...
Laws of the subjects of the federation.
Types of by-laws:
§ presidential decrees and orders (the latter, unlike the former, are adopted more on procedural, current issues);
§ government regulations and orders - acts of the executive body of the state endowed with broad competence to manage social processes;
§ orders, instructions, regulations of ministries and departments - acts that, as a rule, regulate public relations that are within the competence of a given executive structure;
§ decisions and resolutions of local government bodies;
§ decisions, orders, resolutions of local government bodies;
§ regulations of municipal authorities;
§ local regulations - regulations adopted at the level of a specific enterprise, institution and organization (for example, internal labor regulations).
Local regulations apply only to a circle of persons; they are geographically wider, because The routine is the same both on a business trip and abroad (internal labor regulations).
33. Normative legal act: concept and characteristics. Classification of normative legal acts (using the example of the Russian Federation).
Understanding a normative legal act as an act containing rules of law correctly captures the main purpose of such a written document - to consolidate the authority of the state and its bodies in the form of rules of law, and to make appropriate adjustments to the system of current law. At the same time, the presented understanding of legal acts requires some additional comments. Not every legal act containing rules of law is necessarily normative. Conversely, the system of normative legal acts includes acts that do not directly contain legal norms.
There are 3 types of legal acts that contain rules of law, but are not normative:
1. These are acts of executive authorities, which bring to the attention of subordinate bodies, institutions and enterprises normative acts adopted by higher authorities: federal laws, decrees of the President of the Russian Federation, the Government of the Russian Federation and others. The issuance of such acts was widely practiced in former USSR due to the fact that a significant part of the regulatory resolutions of the Council of Ministers of the USSR were not included in the sources of official publication, but were sent to government bodies in several copies. Nowadays, when all legal acts of the President of the Russian Federation and the Government of the Russian Federation are published in official publications, the objective need for issuing such acts has disappeared. However, a significant part federal ministries and departments continue to issue legal acts in order to communicate to their subordinate bodies, institutions, and organizations the acts of the President of the Russian Federation and the Government of the Russian Federation. All such acts are, of course, legal, contain rules of law, but do not have the signs of legal acts, as Yu.A. Tikhomirov rightly believes, this is a type of information act that, although formalized as departmental, does not have the force of a departmental act. The norms contained in them have a force derived from the body that issued them, i.e. by force of law, decree, resolution. The legal act is intended to express the will of the body that issued it in the form of new, original rules of law; it must contain at least one original rule. A legal act consisting of norms adopted by another law-making body does not consolidate the decision of the law-making body to create new forms of law and is not a source of law.
2. The system of legal acts does not include legal acts adopted by government bodies for the purpose of clarifying the content of existing legal acts. They do not contain new original norms and constitute a special system of acts of normative interpretation, which have a generally binding significance, but cannot be applied independently without an act whose provisions they explain.
3. The system of legal acts does not include acts containing original rules of law, but adopted by an incompetent government body. The right of a body to participate in the legal regulation of public relations is determined by its competence, and any departure beyond its limits means an illegal intrusion into the sphere of activity of another body. The adoption of legal norms outside the competence of the law-making body can be carried out in two ways:
1. adoption of legal acts on issues falling under the jurisdiction of another body;
2. adoption of legal norms that contradict the Constitution of the Russian Federation, federal laws and other acts of higher authorities.
In the system of legal acts there are also acts that do not contain new original norms, but represent a list of legal acts that have lost force. Upon adoption of a new legal act, the law-making body makes a special decision on which previously adopted legal acts lose force and cease to be valid. Thus, the act makes adjustments to the current system of law, expresses the will of the law-making body to change it, and in the theory of law is recognized as an auxiliary normative act.
34. Law as a type of normative legal act: concept, characteristics, types.
The general structure of the legislative system in any state is characterized by a division into laws and subordinate regulatory legal acts. It reflects not only the formal side (the rule of law), but also the peculiarities of the content of laws. They contain fundamental primary norms, basic provisions on the main issues of state-legal public life.
A law is a normative legal act adopted in a special manner and having the highest legal force, expressing the state will on key issues of public life. The law is the main and predominant legal act of a modern state. It contains legal norms that regulate the most important aspects of public and state life [General Theory of State and Law / Ed. V.V. Lazarev. M., 1994. P. 116].
From this definition follow the characteristics of the law as the main source of law, as a normative legal act with the highest legal force:
1) laws are adopted by the highest representative bodies of the state or by the people themselves as a result of a referendum;
2) laws are adopted on the basic, most significant issues of public life, which require optimal satisfaction of the interests of the individual;
3) laws are adopted in a special legislative order, which is not inherent in secondary legal acts;
4) laws are not subject to control or approval by any other state body. They can only be repealed or amended by the legislature. A constitutional or similar court can declare a law passed by parliament unconstitutional, but only the legislature can repeal it;
5) laws represent the core of the entire legal system of the state, they determine the structure of the entire set of normative legal acts, the legal force of each of them, the subordination of normative legal acts in relation to each other [Khropanyuk V.N. Theory of Government and Rights. M., 1998. P. 243].
Laws express the sovereign will of the people regarding the social and state system, the principles of organization and activity of the state apparatus, the rights and responsibilities of citizens, major issues of economic and political development, etc. The economic and cultural development of society, the fight against the most dangerous antisocial manifestations are directed in a direction pleasing to society with the help of laws. The role of laws especially increases during the period of transformation of social life, in the conditions of the development of democracy, and increased political activity of the masses.
From the point of view of legal qualities, laws have the highest legal force. All other legal acts must proceed from the laws and never contradict them; in case of discrepancy between the act and the law, the latter applies. No by-law can interfere with the scope of legislative regulation. It must be brought into compliance with the law or immediately repealed.
The primacy of laws, their highest legal force and the special procedure for adoption are the features of this type of normative acts. Revealing the procedure for adopting laws, we can distinguish four mandatory stages: introducing a bill to the legislative body; discussion of the bill; adoption of the law; its publication (disclosure). The adoption of a law as a result of a referendum is also carried out in accordance with the legislative procedure provided for by the Law on Referendum.
The following requirements apply to laws as special normative legal acts:
- laws must regulate truly fundamental issues;
- they must be perfect in content and form;;
- their observance must be indisputable
In turn, laws are divided into constitutional and ordinary. Constitutional laws define the basic principles of state and social order, legal status of the individual and organization. On the basis of constitutional laws, the system of c.ch is added
the entire system of normative legal acts. Ordinary laws are adopted and act in strict accordance with constitutional acts, regulating certain and limited areas of public life.
In the normative regulation of social relations, the main and determining place is occupied by the law. In a rule-of-law state, the law covers all the main aspects of public life; it is the main guarantor of the fundamental interests, rights and freedoms of the individual.
35. Law-making activity: concept, signs. Types of lawmaking. Stages of lawmaking.
Lawmaking – the final stage of legal formation, which represents the purposeful activity of authorized entities to create legal norms.
“Methods” or directions of operations: the subject of lawmaking creates new norms that did not exist before, but can also cancel them, change them, terminate and suspend the validity of an existing norm.
Rybakov V.A..: Signs of lawmaking: 1) rule-making activities; 2) state; 3) managerial; 4) regulated, procedural.
Tasks: 1) formulate effectively operating rules of law; 2) create a reliable mechanism for their implementation in specific relationships; 3) harmonize the rules of law with the system of current legislation.
Functions: 1) updating the law, i.e. publication of new regulations; 2) elimination (cancellation) of outdated legal norms; 3) filling gaps in the law.
Procedure for creating laws:
1) depends on which entity is adopting the law:
A) parliament; b) referendum.
2) depends on the structure of parliament:
A) unicameral; b) bicameral; V) tricameral.
3) depends on the degree to which the principle of separation of powers is implemented in the state. There are several stages:
1) legislative initiative; 2) discussion of the bill; 3) adoption of the law: A) adoption of a law b) approval of the law V) signing the law. 4) publication of the law.
Preliminary stages:
Legal education– there is a relationship, but it is not settled.
Bill– preliminary registration of a legal act.
Discussion
Main stages:
1) Legislative initiative– the right of competent authorities, general organizations and individuals to raise before the legislative authority the issue of issuing, amending or repealing a law or other act, the receipt of which entails mandatory consideration by parliament.
Features of this stage: A) represents the introduction, transfer of the draft NA to the law-making (legislative) body; b) wears official, i.e. mandatory character The law-making body cannot refuse to accept the project; V) limited composition of subjects of legislative initiative, i.e. have such a right ( Article 104 of the Russian Federation): President of the Russian Federation, Federation Council; members of the Federation Council; State Duma deputies; Government of the Russian Federation; representative bodies of the constituent entities of the Russian Federation, also the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation on issues of their jurisdiction; G) involves a number of conditions: the project is submitted only in written form; the project is introduced as a whole, and not its individual parts, wording; the project is submitted only to the body whose competence includes resolving issues that constitute the content of the project.
2) Discussion of the bill. The following are solved tasks: A) give a general assessment of the project (necessity, timeliness, definition of its goals, etc.); b) assess the correctness and necessity of its individual provisions; V) improve the project, eliminate gaps, unnecessary and unsuccessful material, etc.
Discussion occurs as you read it. Reading the bill– this is its discussion at plenary sessions. In many states, when passing a law, three mandatory readings are provided.
First reading– deputies decide whether the proposed document is necessary at all, so only fundamentally important provisions of the bill are subject to discussion.
Second reading– a thorough, detailed discussion of the bill, work is underway on its content, amendments are accepted or rejected, voting is possible on individual articles and sections of the document. It assumes: A) discussion of the revised text of the bill; b) speech by the chairman of the commission that finalized the project; V) providing information about the results of taking into account proposals and comments on the project with the rationale for their adoption; G) providing deputies with an expert opinion on the bill after it has been finalized; d) discussion of the project as a whole, in sections or article by article; e) accepting the project, rejecting it, or returning it for revision.
The draft is finalized by a working commission based on the proposals received and consists of editing the text. If necessary, a special editorial commission is created.
Third reading - the final stage of the deliberation process. At this stage it is not allowed to make any changes. amendments and proposals to the bill. The bill is discussed and adopted as a whole.
3) Adoption of the bill. Peculiarities: A) complex subjective composition (several higher state bodies are involved in the process of adopting a law: the lower house (GD), the upper house (SF), the head of state (President); b) detailed, strict regulation (two points: regulation at the constitutional level and regulation of the rule-making activities of the three highest authorities); V) complex procedural process (the presence of three substages of adoption of the law: 1. adoption by the lower house, 2. approval by the upper house, 3. signing by the head of state).
Adoption of the law by the lower house. Traits: 1) adoption occurs by voting, show of hands, standing, roll call, etc.; 2) acceptance has several options: either in detail, or in parts, or in articles, but in the end it is accepted as a whole; 3) stage involves two conditions: A) presence of quorum (min number of people present at the meeting); b) having a certain number of votes. Distinguish simple majority (50+1 ) And qualified (2/3 and ¾); 4) at this stage the project turns into a regulatory legal act.
Adoption of the law by the upper house. Traits: 1) changes cannot be made to the bill without the consent of the lower house (the bill has a new status); 2) the decision is formalized in the form of approval (the law is sent to the President for signature) or disapproval (returned to the lower house); 3) the timing of this stage is regulated: 14 days for consideration of the law and 5 days for transfer to the head of state.
The Federal Law “On the procedure for publication and entry into force of the Federal Law, Federal Law, acts of the chambers of the Federal Assembly” of 1994 recognizes the date of adoption of the Federal Law as the day when it was approved by the State Duma in its final version, and the Federal Law as the day of its approval by the chambers of the Federal Assembly in the manner established by the Russian Federation.
Signing of the law by the head of state. Traits: 1) the absence of voting is the signing of the law by an official, i.e. “promulgation of law”, “authorization of law”; 2) stage presupposes the right to refuse to sign the law, i.e. the right of veto. Veto mb absolute(parliament does not return to consider the law) and suspensive(parliament is considering the law again); 3) The stage has a time regulation: 14 days to sign the law upon first entry and 7 days when repeated.
The publication of laws and acts of the chambers of the Federal Assembly must comply with the requirements: 1) Federal Laws, Federal Laws are published within 7 days after the day of their signing by the President of the Russian Federation, and acts of the chambers of the Federal Assembly - no later than 10 days after the day of their acceptance; 2) their official publication is considered the first publication of its text in “ Rossiyskaya newspaper"or in the "Collection of Legislation of the Russian Federation"; 3) the specified laws and acts come into force after 10 days after the day of their publication, unless they establish another procedure for entry into force.
Publication of acts of the President of the Russian Federation, Government of the Russian Federation, federation of executive authorities: 1) these acts are published within 10 days after the day of their signing; 2) acts are published in the “Rossiyskaya Gazeta” or “Collection of Legislation of the Russian Federation”; 3) acts of the President come into force after 7 days after the day of their first publication, which has a normative character; 4) acts of the President containing information constituting state secrets or information of a confidential nature come into force from the date of their signing; 5) acts of the Government of the Russian Federation come into force after 7 days after the day of their official publication; 6) acts of the Government of the Russian Federation containing information constituting a state secret or information of a confidential nature come into force from the date of their signing; 7) Acts of the President and acts of the Government of the MB establish other procedures for entry into force.
Publication on the federation of executive authorities: 1) acts affecting legal status citizens, organizations or those having an interdepartmental character undergo state registration with the Ministry of Justice of the Russian Federation; 2) acts are published officially in the newspaper “Rossiyskie Vesti”; 3) publication period – within 10 days after the day of their registration; 4) these acts come into force after 10 days after the day of their official publication, unless the acts themselves establish another procedure for entry into force.
Committee acts on standardization and the State Committee on Architecture and Construction and acts of all-Russian classifiers of technical and economic information are published in the information index “State Standards of the Russian Federation”.
36. Legal technology: concept and elements.
Legal technology– a set of rules and techniques, methods of preparation, drafting, execution of legal documents, their systematization and accounting. Legal technology is a working tool for lawmaking created in practice.
Elements: techniques, methods, rules
Rules: completeness, consistency, clarity, brevity.
Facilities: terms (capacity and insanity), constructions (corpus delicti), normative presentation, industry
Techniques:presumption(assumed existence of a fact, but not proven), prejudice(assumption of the existence of a fact, since it was already established by a court decision that entered into legal force), fiction(assumption of the existence of a fact that in reality does not exist (y\l, state, marriage)).
37. Systematization of normative legal acts.
Systematization of legislation- This is the activity of competent entities to streamline regulations and legal norms in order to make them easier to use in practice.
Lawmaking cannot stop at a certain stage, but is always in motion. 4 forms:
1) collection of current regulations, their processing and arrangement according to a certain system, storage, as well as issuance of documents to interested bodies, institutions, individuals at their requests - accounting;
2) preparation and publication of various kinds of collections and collections of normative acts, the process of combining legal material, in which it is fully or partially placed in various collections. The normative content of the acts does not change, although the form of presentation of their essence sometimes undergoes changes (official changes are made to the original text; articles and paragraphs that have lost force, had temporary significance, and also containing obvious contradictions are excluded) - incorporation;
3) preparation and adoption of enlarged acts on the basis of combining the norms of separate acts issued on one issue (simple combination of small legal acts issued on one or more interrelated issues into an enlarged legal act) - consolidation
4) a form of systematization, which is an activity aimed at a radical, both external and internal, revision of current legislation through the preparation and adoption of a new codification act (type of codes), which contains both proven norms of previous acts and new regulatory requirements - codification.
The scope of regulated social relations varies industry And special codification. Industry- unification of normative material of a certain branch of legislation (Civil Code of the Russian Federation, Criminal Code of the Russian Federation and others). Special codification combines the norms of a certain legal institution or several legal institutions (Water Code of the Russian Federation, Forest Code of the Russian Federation, etc.).
Systematization on electronic media involves the creation of specialized computer programs (“Guarantor”, “Consultant”, “Code”) containing information about legislative acts, grouped according to various criteria (as a rule, on a subject-chronological basis).
38. The limits of validity of regulatory legal acts in time.
The main points of the existence of legal norms are characterized by the following factors:
1) entry into force of a rule of law
2) termination of the rules of their operation
The moment of entry into force is officially established by legal norms (example: Part 1 of the Civil Code dated December 8, 1994, as a general rule, should have entered into force on December 18, the norms came into force on January 1, 1995). It can be determined general rules, intended for this type of norms, also the moment can be established by special norms that make an exception from general rule(for example: federal laws and regulations come into force 10 days after official publication). The moment of entry into force of a legal norm may be associated with the occurrence of a certain calendar date or the occurrence of a certain event, the calendar date of which cannot be determined.
Legal norms usually cannot come into force until they are officially published, because If they are not officially published, then it is impossible to ensure that interested parties become familiar with it. Therefore, it is impossible to demand compliance.
Legal norms that have entered into force may differ in different ways of action over time:
1) Prospective effect of legal norms: applies to those legal relations that arise after its entry into force.
2) Immediate effect of legal provisions(simple retroactive effect): and those that already existed before its entry into force, but in relation to such legal relations, the legal norm applies only to those rights and obligations of their participants that arise after its entry into force.
3) Retroactivity of legal norms(auditing legal force): extends to legal relations that arose before its entry into force, and extends its effect to those rights and obligations of their participants that arose for them before the entry into force of the norm.
Legal norms are given a retroactive effect extremely rarely, since if legal norms are often given a retroactive effect, then the means of ensuring stability begin to act in the opposite way.
A legal norm is given retroactive force only when the norms improve the position of the participants in legal relations.
4) Along with the listed standards, there is another side option: ultra-action (ultra-activity, i.e. “experiencing” norms) of legal norms: occurs when a rule of law ceases to apply to those legal relations that will arise in the future, but continues to regulate ongoing legal relations. It is always combined with promising action.
Loss of legal force. There are several ways such loss:
1) Due to the expiration of the validity period for which the rule was issued.
2) Their direct abolition (old norms are canceled by the corresponding new norms).
3) The actual abolition (termination) of legal norms due to the fact that they are replaced by new norms, but the abolition of the old norm is not stipulated anywhere.
39. The limits of validity of normative legal acts in space and among persons.
Effect of legal norms in space:
1) The norm distributes its effect over the entire territory of legal regulation (territory of countries, commonwealth of states, Earth generally);
2) A legal norm applies only to part of the territory of legal regulation.
Territorial principle: consists in applying the norm in the territory whose authorities adopted the norm. This principle is closely related to state sovereignty: the power of the state extends to the territory of the state and is limited to this territory. => the territorial principle prevails in branches of law regulating managerial and protective relations: in constitutional, administrative, criminal, procedural law.
Territorial action NA opr-sia two factors: 1) the regulations of the state body that issued the NA, i.e.: A) acts of federal bodies are valid in the territory of the federation, b) republican acts - on the territory of a given republic, V) NA of local authorities are valid in the territory under their jurisdiction; 2) territory of the state.
Extraterritorial effect of legal acts– extension of the effect of an act of one state to the corresponding territory of another state. This principle har-et: 1) is always applied as an exception due to special instructions in the law, based on a mutual agreement of the state; 2) its development is determined by the development of international relations, primarily in economics and culture; 3) is widely used in private international law, it is also used in civil, commercial, family, and public international law; 4) acts in the form of immunity of diplomatic and consular representatives, and it is also possible to use acts of criminal law in the territory of another subject of the federation where the crime was committed, regardless of where the criminal was detained and brought to justice.
Send your good work in the knowledge base is simple. Use the form below
Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.
According to the Constitutional Law of the Russian Federation
Topic: Legislation of the constituent entities of the Russian Federation
Introduction
Issues of sovereignty of the constituent entities of the Russian Federation
The procedure for promulgation and entry into force of regulatory legal acts of a constituent entity of the Russian Federation
Conclusion
Bibliography
Introduction
The topic of legislation of the constituent entities of the Russian Federation is one of the central ones in the modern science of constitutional law of the Russian Federation. Lawmaking is one of the most important areas of work of any state. Based on the results of law-making work, the state as a whole is judged. The meaning and significance of lawmaking is to choose a version of regulation, legal regulation that would best meet the interests of the people and the legislator and contribute to the progress of society. In modern conditions of the formation of a unified legal space on the territory of the Russian Federation, issues of internal harmonization of the legislation of the Russian Federation are of particular relevance. Considering that Russia is a federal state and state power is divided between the center and the constituent entities of the Russian Federation, which, within the framework of their jurisdiction and powers, carry out their own rule-making, the problem of coordinated development of federal legislation and the legislation of the constituent entities arises. This work will examine questions about the concept and meaning of the legislation of the constituent entities of the Russian Federation. And also the features of the legislative system of the Russian Federation as a federal state.
History of the development of legislation of the constituent entities of the Russian Federation
The legislation of the constituent entities of the Russian Federation in the form in which it is the subject of consideration in this work originates on December 12, 1993. At the same time, to reflect the full picture of the understanding of the legislation of the constituent entities of the Russian Federation, it is necessary to return to a slightly earlier period.
The very concept of “subject of the Russian Federation,” which is directly related to the subject of the study, was first used by the legislator in 1992 by amending Art. 11. The Constitution (Basic Law) of the Russian Federation - Russia and in the future has already been reflected in the current Constitution of the Russian Federation. The “subject” of the Russian Federation meant republics, territories, regions, the cities of Moscow and St. Petersburg, autonomous regions, and autonomous districts. These subjects of the Russian Federation had the right to adopt normative legal acts in order to implement the powers granted to them, with the exception of the law (except for republics). The lack of the right to adopt a law does not allow us to fully assert that the constituent entities of the Russian Federation had their own legislation. In the period from 1989 to 1993, which is characterized by a period of qualitative changes and transformations of the state, society and law, as well as the rapid updating of legislation, territories, regions, and cities of federal significance sought the right to pass their own laws. So, for example, in Part 2 of Art. 7 of the Protocol to the Federal Agreement on the delimitation of jurisdiction and powers between the federal bodies of state power of the Russian Federation and the authorities of the territories, regions, cities of Moscow and St. Petersburg of the Russian Federation, authorized representatives of the federal bodies of state power of the Russian Federation and state authorities of the territories, regions of the Russian Federation , striving to equalize the state-legal status of all subjects of the Russian Federation, we agreed on a request to the Supreme Council of the Russian Federation to reconsider the issue of granting state authorities of territories and areas the right to adopt laws for the implementation of legal regulation in the relevant territories. However, until the 1993 Constitution of the Russian Federation came into force, only republics could have their own laws. Territories, regions, cities of federal significance, autonomous regions and autonomous okrugs did not have the right to have their own laws, but exercised their powers through legal acts of the Councils of People's Deputies of the autonomous region, autonomous okrugs, territories, regions, cities of Moscow and St. Petersburg, and acts of local Soviets of people's deputies, issued within the limits of their powers.
The Constitution of the Russian Federation established the division of legislation into three levels: legislation of the Russian Federation, constituent entities of the Russian Federation and joint jurisdiction. In accordance with Part 2 of Article 5 of the Constitution of the Russian Federation, a republic (state) has its own constitution and legislation. A region, region, city of federal significance, autonomous region, autonomous district has its own charter and legislation. Having created a legal basis for the formation and development of legislation of a constituent entity of the Russian Federation, the Constitution of the Russian Federation gave a huge impetus to the implementation of the rule-making process at the level of a constituent entity of the Russian Federation. The formation of legislation of the constituent entities of the Russian Federation should, first of all, be associated with the development and adoption of the constitution (charter) of the constituent entity of the Russian Federation. In the constituent entities of the Russian Federation, constitutional commissions and special working groups were created to develop draft constitutions (statutes). After the draft fundamental law of the constituent entities of the Russian Federation was developed, it was submitted for discussion and then, upon completion of the legislative work, adopted. In most constituent entities of the Russian Federation, constitutions (charters) were adopted in the period from 1994 to 1996. Together with constitutions (charters), first of all, normative legal acts were adopted regulating issues related to state self-organization of a constituent entity of the Russian Federation, the organization of local self-government on the territory of constituent entities of the Russian Federation, as well as regulating budgetary and tax legal relations. For a long time, one of the priority forms of relations between the Russian Federation and its subjects was the contractual delimitation of jurisdiction and powers between the Russian Federation and its subjects, between federal bodies and state authorities.
It should be noted that the legislation of the constituent entities of the Russian Federation is an element that is constantly developing and evolving. This evolution occurs continuously.
The essence of the legislation of the constituent entities of the Russian Federation
The gradual development of legislation in the constituent entities of the Russian Federation has given rise to controversy in scientific circles regarding its essence. In order to gain a broader understanding of the legislation of the constituent entities of the Russian Federation, the author analyzed the ideas available in the legal literature, legislation and official documents about the main approaches to defining the term “legislation of the constituent entity of the Russian Federation” and its main features.
In order to define the concept of “legislation of a constituent entity of the Russian Federation”, it is worth first of all considering the term “legislation”. It should be noted that this term is used in almost every regulatory legal act adopted (issued) both at the federal level and at the level of any subject of the Russian Federation. However, the term “legislation” itself is ambiguously understood both in legal theory and in other scientific disciplines, and the lack of its unified normative consolidation creates difficulties in lawmaking, law enforcement and systematization of regulatory legal acts. Thus, scientists and practitioners distinguish between “broad” and “narrow” approaches in defining the term “legislation”. Both in theory and in practice, during the long period of operation of the command-administrative system, Soviet society was guided by an exclusively broad approach to understanding legislation. In a broad sense, legislation is usually understood as the totality of all existing and current regulatory legal acts (laws and regulations), as well as contracts and agreements of a regulatory nature. In a narrow sense, we are talking about an ordered set of laws and other normative legal acts of the legislative branch. Proponents of a narrow interpretation of the concept of “legislation” point out the inadmissibility of a broad interpretation. “An expansive interpretation of legislation can lead, as has already happened in the history of our state, to the replacement of the law with by-laws and can be used as a legal means of the role of the law in the life of society” Goshulyak V.V. Theoretical and legal problems of constitutional and statutory legislation of the constituent entities of the Russian Federation. - M.: “Janus”, 2000. Proponents of a broad approach refer to the fact that the term “legislation” is used in a broad sense in the Constitution of the Russian Federation of December 12, 1993, part 2 of article 5, paragraph “o” of art. 71, clause "k" part 1 of article 72 of the Constitution of the Russian Federation, in addition, from a broad understanding of legislation, the authority and significance of the law does not decrease in the least, since its legal force is ensured not by terminology, but by clear and precise legislative provisions (For example, the supremacy law in relation to other normative legal acts). Today, the vast majority of codified acts contain a “narrow” definition of legislation, that is, the term “legislation” is considered as a set of laws, and by-laws (if they are included in the circle of sources of law) are established as independent sources along with laws.
At the level of the constituent entities of the Russian Federation, both a narrow interpretation of “legislation” and a broad one are used, but the latter predominates. It should be noted that in most of the Charters and Constitutions of the constituent entities of the Russian Federation the concept of “legislation” is not used, but the term “system of normative legal and legal acts” is used. Thus, the legislation of a subject of the Russian Federation can be defined as a system of legal acts (Constitutions (charters), laws and by-laws of government bodies of a subject of the Russian Federation) regulating public relations and having legal force on the territory of the corresponding subject of the Russian Federation.
In order to determine the essence of the legislation of the constituent entities of the Russian Federation, it is necessary to consider its fundamental features. This, among other things, will make it possible to most accurately define the very concept of legislation of the constituent entities of the Russian Federation. The following features of the legislation of the constituent entities of the Russian Federation are highlighted in the scientific literature:
1. The inclusion of the legislation of the subject of the Russian Federation as an integral part of the legislation of the Russian Federation.
To consider this feature, it is necessary to determine the structure of the legislation of the Russian Federation. In the scientific literature, there are different approaches to determining the number of levels of legislation of the Russian Federation. For example, Tsaliev A.M. indicates the existence of a two-level system of legislation in the Russian Federation: federal legislation and legislation of the Russian Federation. According to Article 12 of the Constitution of the Russian Federation, local self-government, within the limits of its powers, is independent; local government bodies are not included in the system of government bodies. Consequently, the inclusion of normative legal acts in the system of federal legislation or legislation of the constituent entities of the Russian Federation will contradict the provisions of the Constitution. At the same time, all authors adhere to the same position that the legislation of the constituent entities of the Russian Federation is an integral part of the legislation of the Russian Federation. This position is also enshrined in a number of regulatory legal acts of the constituent entities of the Russian Federation.
2. Relative independence of the legislation of the constituent entity of the Russian Federation.
Based on Art. 5 of the Constitution of the Russian Federation it follows that the subject of the Russian Federation has its own legislation. At the same time, the legislation of the constituent entities of the Russian Federation must meet the following requirements:
1) must not contradict the Constitution of the Russian Federation (Article 15 of the Constitution of the Russian Federation);
The provision enshrined in the Constitution of the Russian Federation on the supreme legal force and direct effect of the Constitution means that all constitutional norms have supremacy over laws and by-laws.
2) must not contradict federal legislation.
This requirement does not apply to all cases. Thus, when considering cases, the courts must take into account that if the law or other regulatory legal act of a constituent entity of the Russian Federation to be applied contradicts a federal law adopted on issues within the jurisdiction of the Russian Federation or in the joint jurisdiction of the Russian Federation and a constituent entity of the Russian Federation Resolution of the plenum of the Supreme Court dated 10.31.1995 No. 8 “On some issues of application by courts of the Constitution of the Russian Federation in the administration of justice”, however, based on the provisions of Part 5 of Art. 76 of the Constitution of the Russian Federation, the court must make a decision in accordance with federal law. If there are contradictions between the normative legal act of a constituent entity of the Russian Federation, adopted on issues within the jurisdiction of the constituent entity of the Russian Federation, and the federal law, then by virtue of Part 6 of Art. 76 of the Constitution of the Russian Federation is subject to application of the normative legal act of the subject of the Russian Federation.
3) must not contradict international treaties.
According to Part 4 of Article 15 of the Constitution of the Russian Federation, if an international treaty of the Russian Federation establishes rules other than those provided by law, then the rules of the international treaty apply. Decisions on consent to be bound by international treaties for the Russian Federation are made by state authorities of the Russian Federation or authorized organizations in accordance with their competence established by the Constitution of the Russian Federation, this Federal Law, other acts of legislation of the Russian Federation (Article 6 of the Federal Law “On International Treaties of the Russian Federation”).
4) the inadmissibility of violating the principle of independence of local self-government.
According to Art. 12 of the Constitution of the Russian Federation, local self-government is independent within the limits of its powers. Consequently, regulatory legal acts of state authorities of the constituent entities of the Russian Federation do not have the right to interfere with or otherwise limit the right of the population to independently resolve issues of local importance.
Thus, public authorities have the right to independently, in the prescribed manner and within the framework of their powers, adopt normative legal acts and determine their content. At the same time, these legal acts must not contradict the Constitution of the Russian Federation, federal laws and international treaties.
3. The systematic nature of the legislation of the constituent entity of the Russian Federation.
In reflecting this feature, the dependence of the legislative system on the federal character of the state is of particular importance. A unified system of legislation unites subsystems of two levels: the federation and its subjects. And if federal legislation constitutes a single subsystem, then, in contrast to it, each subject of the federation forms its own subsystem of legislation, which differs from similar subsystems of other subjects of the federation. In the structure of legislation of a constituent entity of the Russian Federation different kinds and forms of normative legal acts occupy a strictly defined place and have different legal force, that is, there is a hierarchical connection between them: the Constitution (charter) of a subject of the Russian Federation, laws of a subject of the Russian Federation, resolutions of the legislative (representative) body of state power of a subject of the Russian Federation and decrees (resolutions) of the highest official of a constituent entity of the Russian Federation, etc. In most subjects of the Russian Federation, their own legislation has already been formed, and if there are many legal acts, then they should form a system so as not to contradict each other and have stable connections with each other Potapov M.G. The system of legal norms and the system of normative legal acts of the subjects of the Federation // Journal of Russian Law. - 2001. - No. 12.. The legislation of the constituent entities of the Russian Federation can be recognized as a system, since it corresponds to the basic provisions of the theory of the system, has the property of integrity, has clear boundaries and is in close contact with other systems (federal legislation and regulatory legal acts of local self-government). Clear boundaries mean the structural isolation of the legislation of the constituent entities of the Russian Federation: firstly, depending on the subjects of jurisdiction and level of public authorities, and secondly, on the territory of validity of the regulatory legal acts of the relevant subject. Close contacts should be understood as the entire set of systemic connections emerging in the legislative system of the Russian Federation.
In conclusion, it should be especially noted that the very legal concept of “legislation of the constituent entities of the Russian Federation” is relatively new, since the basis for the formation and development was created by the Constitution of the Russian Federation, which came into force on December 12, 1993. Based on the results of the study, the concept of legislation of the constituent entities of the Russian Federation is defined as a system legal acts (Constitutions (charters), laws and by-laws of state authorities of a constituent entity of the Russian Federation) regulating public relations and having legal force on the territory of the corresponding constituent entity of the Russian Federation.
The identified trends in the development of legislation in the constituent entities of the Russian Federation allow us to say that today legislation is in the stage of transition from a quantitative indicator to a qualitative one, which is undoubtedly a positive point. The development of legislation of a constituent entity of the Russian Federation is dynamic and requires constant research by representatives of the scientific community and legislative bodies of the Russian Federation.
Issues of sovereignty of the subjects of the Federation
Issues of sovereignty of subjects were considered by the Constitutional Court of the Russian Federation. The legal position of the Constitutional Court is that neither the republics within the Russian Federation nor other subjects of the Russian Federation can have state sovereignty, even if their sovereignty were recognized as limited. The Constitution of the Russian Federation does not allow for any other bearer of sovereignty and source of power other than the multinational people of Russia, and therefore does not imply any other state sovereignty other than the sovereignty of the Russian Federation. The word “states” when describing the republics in Part 2 of Art. 5 of the Constitution of the Russian Federation reflects only the features of their constitutional and legal status associated with factors of a historical, national and other nature. Provisions on the contractual nature of the status of the subjects of the Federation are recognized as unconstitutional.
Despite the indication of the Constitutional Court that this part of the provisions of the republican Constitutions is unconstitutional, an analysis of bilateral treaties and regional legal acts has shown that some of them recognize the sovereignty of the republics. In particular, Art. 61 of the Constitution of Tatarstan declares it a state associated with Russia. This denies the constitutional provision of Tatarstan as a republic that is part of the Russian Federation. The position on the delegated nature of the Federation is based on the recognition of the sovereignty of the republics within the Russian Federation. The aspect of delegation is also reflected in the legislation of the republics. Yes, Art. 39 of the Constitution of Yakutia establishes a provision on the voluntary transfer by the republic, on the basis of the Federal Treaty, of part of its sovereign rights for a certain period of time to the jurisdiction of the federal authorities of the Russian Federation. Similar norms are contained in the Constitutions of Tatarstan, Bashkortostan, etc. The Constitution of the Russian Federation provides for the delegation of powers only between the executive authorities of the Russian Federation and the constituent entities of the Federation. Art. 78 of the Constitution of the Russian Federation
Thus, the principle of single and indivisible state sovereignty outlined in the Constitution is denied by the legislation of individual regions, as well as by some bilateral treaties. The idea of the Russian Federation as a treaty Federation leads to the destruction of the integrity of a single legal space. The legislation of the subjects of the Federation, without recognizing the sovereignty of the Russian Federation, invades the competence of the federal legislator. The concluded bilateral agreements can only detail the division of competence between government bodies at different levels, and not adjust the provisions of the federal Constitution. Therefore, it is impossible to replace the constitutional delimitation of subjects of jurisdiction between the subjects of the Federation with agreements between government bodies.
The study of the issue of the priority of legislative provisions over the norms of treaties is closely related to clarifying the status of the subjects of the Federation in relations with each other.
Constitutional norms are contradictory. So, in Part 1 of Art. 5 of the Constitution of the Russian Federation, on the one hand, enshrines the principle of equality of the subjects of the Federation, and on the other hand, in Part 2 of Art. 5 establishes a special status for the republics - states. Part 2 art. 68 allows republics to establish their own state languages. Paragraph “a” of Art. 72 establishes the need for compliance with federal legislation with the Constitutions and laws of the republics, and in relation to other constituent entities of the Russian Federation - with all regulatory legal acts.
The contradiction in constitutional norms has led to different understandings of the term “equality” in the scientific literature. Equality should be understood as having equal rights. Consequently, the provision of the Constitution of the Russian Federation regarding the inequality of rights of the subjects of the Federation is contradictory.
Another position distinguishes between the concepts of “equality” and “possession of equal rights.” The constitutional equality of the subjects of the Federation is their formal equality in the sphere of delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and the bodies of state power of the subjects of the Federation, equality of opportunity, but not equality of acquired powers I.A. Umnova. Constitutional foundations of modern Russian federalism. M., 2000. P. 90.. “Having equal rights” means the same amount of rights and responsibilities. This position supports the constitutional principle of the symmetrical nature of the Russian Federation.
In science, there is a point of view about the asymmetry of Russian federalism. The subjects of the Federation declared equal in rights in fact differ in their state-legal status and economic potential. Russia's approach to a symmetrical Federation is associated with a gradual transition from the national-territorial principle of a federal structure to a territorial one. Other scientists take the position that the national-territorial principle of federalism meets the specifics of Russia.
The above characteristics of Russian federalism mean that the norms of the Constitution of the Russian Federation have priority in determining the relationship between the two levels of legislation. In Part 2 of Art. 4, part 1 art. 15 of the Constitution of the Russian Federation establishes the principle of the supremacy of federal legislation. Consequently, Russia has the right to demand recognition of its legislation throughout its territory, which should serve to form a single, consistent system of legislation and create a single legal space. Therefore, legal acts must be adopted in strict accordance with the division of subjects of jurisdiction defined by the Constitution of the Russian Federation.
At the federal level, significant attention is paid to resolving this issue. Thus, in order to coordinate with federal legislation in the formation of a system of regional legislation, a Commission under the President of the Russian Federation was formed for the interaction of federal government bodies and authorities of the constituent entities of the Russian Federation in carrying out constitutional and legal reform in the constituent entities of the Federation.
How is the issue of creating a single legal space resolved in the legislation of the constituent entities of the Federation? Let us analyze the provisions of republican constitutions regarding the effect of federal laws and the Constitution of the Russian Federation on the territory of the constituent entities of the Federation.
There are two approaches:
1. The legislator of the subject of the Federation directly declares the subordination of all its legislation to federal legislation on the principles provided for by the Constitution of the Russian Federation;
2. The application of federal laws is permitted according to the rules established by the subject of the Federation.
It is necessary to highlight a third approach, since the constitutions of some republics, in general, say nothing about the operation of the federal Constitution and laws on their territory.
They violate the principle of the supremacy of federal legislation and other norms of republican Constitutions. For example, provisions on the special procedure for enacting federal laws, on their ratification and suspension in the territories of the constituent entities of the Federation.
Many regions prefer to focus on the provisions of the Federal Treaty and bilateral treaties, rather than the Constitution of the Russian Federation. Therefore, it is necessary to clarify the effect of federal laws on the territory of such subjects of the Federation if their provisions diverge from the norms of treaties.
Constitution of the Russian Federation, Part 2, Art. 4, part 1 and part 2 art. 76 established the supremacy of federal constitutional and federal laws on the subjects of jurisdiction of the Russian Federation and on the subjects of jurisdiction of the Russian Federation within the framework of the joint jurisdiction of the Russian Federation and the subjects of the Federation throughout the Russian Federation. However, this principle is not taken into account in Art. 11 of the Constitution when deciding on the division of competence between government bodies of the constituent entities of the Russian Federation and government bodies of the Federation.
The Federal Law “On the principles and procedure for delimiting the subjects of jurisdiction and powers between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation” clearly establishes the supremacy of the Constitution and federal laws adopted on the subjects of jurisdiction of the Russian Federation and on subjects of joint jurisdiction, in case of inconsistency with them provisions of contracts Art. 4 of the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation.”
To form an integral system of legislation in cases of contractual regulation, it is necessary to strictly observe the delimitation of subjects of jurisdiction established by the Constitution of the Russian Federation. In addition, the Constitution does not provide for the possibility of transferring the powers of federal legislative bodies to the legislative bodies of the constituent entities of the Federation.
Treaties cannot redistribute the subjects of jurisdiction of the Russian Federation established by the Constitution, subjects of joint jurisdiction of the Federation and the subjects of Art. 3 Federal Law of October 6, 2003 “On the general principles of organizing local self-government in the Russian Federation.”
Treaties sometimes indicate a list of issues of exclusive jurisdiction of the subjects, although according to Article 73 of the Constitution it is open.
Agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation are of great importance for the formation of a two-level legislative system. The Constitution of the Russian Federation only provides for the conclusion of agreements on the transfer of the exercise of part of the powers between executive bodies (Article 78). The Federal Law “On the principles and procedure for delimiting subjects of jurisdiction”, like the Constitution of the Russian Federation, does not provide for the conclusion of agreements on the delimitation of powers between executive authorities.
A difficult situation has arisen in the formation of legislation at the level of the constituent entities of the Federation, which include autonomous entities. According to paragraph 4 of Art. 66 of the Constitution of the Russian Federation in “complex” subjects of the Federation, relations between autonomous okrugs and the territories and regions they belong to can be regulated by federal law and an agreement between the state authorities of the autonomous region and the state authorities of the territory and region.
The Law “On the Fundamentals of Relations between a Territory or a Region and its Autonomous Okrugs”, adopted by the State Duma on June 13, 1997, was rejected by the President on July 21, 1997. But agreements between the state authorities of the autonomous region and the state authorities of the territory and region are already being concluded.
The Constitutional Court of the Russian Federation actually expressed the position that the normative legal acts of autonomous entities, subject to the correct division of powers, should not contradict the normative legal acts of the territory (region). In this case, the problem of implementing equality of the subjects of the Federation arises. In this regard, the Court explained that the “entry” of the autonomous okrug into other subjects of the Federation does not detract from its status as an equal subject of the Federation, since it has the right to independently dispose of the scope of powers granted to it by the Constitution. At the same time, the Constitutional Court emphasized such an aspect of the equality of the subjects of the Federation as their equality of rights among themselves in relations with federal government bodies.
The creation of a unified legislative system requires that the legislation of all subjects of the Russian Federation be formed on the basis of common principles. The subjects of jurisdiction and powers are enshrined in the Constitution and are not subject to contractual redistribution.
The federal structure of legislation depends on the terms of reference of the subjects of the Federation in the field of legislation, therefore the provision on the supremacy of federal legislation needs to be clarified.
On the territory of a subject of the Federation, federal laws and laws of the subjects of the Federation are in force. From the meaning of the Constitution of the Russian Federation (Part 4 of Article 76) it follows that federal laws have supremacy in cases of their adoption on subjects within the jurisdiction of the federation itself and on issues regulated by the Federation within the framework of joint jurisdiction. The laws of the subjects of the Federation adopted on the subjects of jurisdiction of the subjects of the Federation have equal legal force with federal laws.
Confrontation between laws at the federal and regional levels is possible when one legislator interferes with the jurisdiction of another legislator. In this case, legal conflicts arise. The court has the right to finalize them.
Many subjects of the Federation have not yet found a subject for their own legal regulation. Therefore, they are often “introduced” into the sphere of authority of the Federation, or simply “duplicate” federal acts.
Analysis of Basic Laws Russian regions, which consolidate their own competence, allows us to identify a number of typical subjects of jurisdiction and powers of the subjects of the Federation. These include, in particular:
Constituent: adoption of a constitution or charter, introduction of amendments and additions to them, monitoring their compliance; territory and administrative-territorial structure; establishing a system of government bodies, the order of their organization and activities; legislative support for the organization of local self-government.
Legislative and law enforcement: adoption and amendment of laws, monitoring their compliance.
Socio-economic: property of subjects and its management; adoption and approval of programs in the field of economic, environmental, social, cultural and national development of subjects; regional budget; regional extra-budgetary funds; regional taxes and fees;
International and foreign economic: international and foreign economic relations of subjects.
At the same time, as some authors note, in the Constitution of the Russian Federation almost all conceivable subjects of regulation are, at a minimum, under the joint jurisdiction of the Federation and the constituent entities of the Russian Federation, and enshrined in Art. 73 of the Constitution of the residual competence of the subjects of the Russian Federation, makes it possible to broadly interpret the powers of the Federation in the sphere of its exclusive jurisdiction.
The formation of an integral system of legislation requires taking into account the positions of the subjects of the Federation in the process of adopting federal laws on subjects of joint jurisdiction. I consider the proposal relevant that the federal law should establish a procedure for harmonizing not only federal laws on subjects of joint jurisdiction, but also international treaties, regulations of the President and Government, federal ministries and departments, intra-federal agreements affecting the interests of more than one subject of the Federation . This will allow taking into account the interests of the subjects of the Federation and will contribute to the formation of consistent legislation at the regional level.
The Constitution of the Russian Federation does not answer the question of the relationship in legal force between the laws of the constituent entities of the Federation and the decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation adopted on subjects of joint jurisdiction, in the absence of federal laws. Decrees of the President and resolutions of the Government are binding throughout Russia. Part 2 Art. 90, part 2 art. 115 of the Constitution of the Russian Federation In my opinion, by analogy with Part 5 of Art. 76 of the Constitution, in this situation a federal legal act must apply.
With regard to the compliance of the acts of the President and the Government of the Russian Federation with the legal acts of the executive authorities of the constituent entities of the Russian Federation, this provision is confirmed by Art. 77 of the Constitution of the Russian Federation, establishing the unity of the executive power system within the jurisdiction of the Russian Federation and its powers on subjects of joint jurisdiction. This is confirmed by the right of the President, enshrined in the Constitution, to suspend acts of executive authorities of constituent entities in the event of their contradiction to the Constitution of the Russian Federation and federal laws.
Thus, today it is impossible to talk about a clear correspondence of legal acts within the framework of the federal structure of legislation. Solving problems in theory will not immediately lead to positive changes in practice. In many ways, the reasons for the discrepancy between regional-level acts and federal legal acts are of an economic nature. It is precisely in an effort to achieve financial benefits that the constituent entities of the Federation agree to conclude bilateral agreements. Therefore, it is necessary to strengthen federal relations in the financial sector.
The situation emerging during the formation of the federal structure of legislation has led to the formulation of an important problem in science about the mutual responsibility of the Federation and its constituent entities.
Only recently was the responsibility of state authorities of the constituent entities of the Russian Federation provided for the adoption of legal acts that contradict the Constitution and federal laws. The President of the Russian Federation received the right to dismiss the heads of regional administrations and dissolve regional legislative assemblies in the event of a double violation of the Constitution of the Russian Federation.
Considering the important role of legal acts of local self-government bodies in the formation of legislation, the legislation also establishes the responsibility of local government bodies for the adoption of acts that contradict federal legislation and the legislation of constituent entities of the Russian Federation.
Due to the fact that the Russian Federation is constitutional and contractual in nature, attention should be paid to the fulfillment of contractual obligations. Treaties, as a rule, are limited in this regard by general provisions. Article 21 of the Federal Law “On the principles and procedure for delimiting subjects of jurisdiction” for the first time in federal legislation provides for the possibility of such liability.
It is necessary to dwell in more detail on the question of what legislation is under the jurisdiction of the Russian Federation, what legislation is under the joint authority of the Russian Federation and the constituent entities of the Russian Federation, and what legislation is under the exclusive jurisdiction of the constituent entities of the Russian Federation.
Art. 71-73 of the Constitution of the Russian Federation.
According to the Russian constitutional model, the subjects of jurisdiction delimit the range of issues fixed by the federal Constitution - spheres of power. Subjects of reference Russian Constitution- these are not only the spheres of social relations (federal structure, foreign policy and international relations, foreign economic relations, etc.). Along with the spheres of public relations, the list of subjects of competence includes specific powers (adopting and amending the Constitution of the Russian Federation and federal laws, adopting and amending constitutions and charters of the constituent entities of the Russian Federation, establishing general principles of taxation and fees in the Russian Federation, implementing measures to combat disasters, natural disasters, etc.); government functions (regulation and protection of human and civil rights and freedoms, protection of family, motherhood and childhood, coordination of health care issues, etc.); branches of legislation (civil law, criminal law, administrative law, etc.); objects of jurisdiction (federal state property, federal energy systems, etc.).
The lack of a unified approach in formulating the subject matter in certain cases can rightly be considered as a disadvantage. It is difficult, for example, to explain the use of different terms - “general issues” and “coordination of issues” - in relation to the spheres of life and management of the same level of regulation. Thus, the joint jurisdiction of the Federation and its subjects includes general issues of upbringing, education, science, culture, physical culture and sports, clause “e”, part 1 of art. 72 of the Constitution of the Russian Federation, at the same time, in relation to the areas of healthcare, family protection, motherhood, paternity and childhood, social protection, the same article of the Constitution uses a different term - “coordination of issues” (clause “g”).
To date, the federal legislation has not yet fully formed a mechanism to ensure the unity of the legal space in Russia. It is necessary to unify Russian legislation, taking into account its two-level nature. To achieve this task, it is necessary for the subjects of the Federation to stop duplicating federal legislation, improve legal techniques, and adopt legal acts on subjects of their own jurisdiction and within the framework of powers on subjects of joint jurisdiction. Responsibility for such a state of affairs in the legislative system should fall not only on regional legislators, but also on federal ones, who are late in adopting federal laws or formulate rules vaguely.
Legislative system of the Russian Federation
Russia is a federal state. The constituent entities of the federation are bound by the universally binding norms of the Constitution of the Russian Federation and mutual responsibility. At the same time, the structural elements of the Federation (subjects), like the Federation itself, have a certain independence in relation to each other. The independence of the Federation is manifested in the sovereignty of the Russian Federation, the presence of federal government bodies whose powers extend to the territory of the entire country, the supremacy of federal laws and the Constitution. Thus, Russia is a state in which a single legal space should be formed.
At the same time, we can talk about highlighting the legal space of the subjects of the Federation. The Federal Constitution enshrines such a model for delimiting the subjects of jurisdiction, in which a list of only two spheres is given: the federal and the subjects of the Federation. Recognizing the constitutional delimitation of subjects of jurisdiction, the subjects of the Russian Federation, outside the competence of the Federation, have full state power. In the process of exercising their own powers, the subjects of the Federation form their own legislation, the right to create which is provided for by the Constitution of the Russian Federation. Art. 5, 73, 76 of the Constitution of the Russian Federation
The federal system of Russian legislation is based on two criteria:
federal structure of the state;
competence of the subjects of the federation in the field of lawmaking.
Therefore, in a federal state the legislative system is two-level:
federal legislation;
legislation of the subjects of the federation.
Despite the fact that not a single document at the federal level directly speaks about the legislative system of a subject of the Russian Federation, the interpretation of some provisions of this legislation leads to the idea that the federal legislator considers the legislation of a subject of the Russian Federation as a systemic entity: “The republic (state) has its own constitution and legislation. A territory, region, city of federal significance, autonomous region, autonomous district have their own charter and legislation”, Part 2, Article 5 of the Constitution of the Russian Federation. That is, the concept of “legislation”, used in combination with the words “one’s own”, can be interpreted as a system of legislation of the constituent entities of the Russian Federation. The subjects of the Federation, taking advantage of the rights granted, began the process of lawmaking. In some subjects of the Russian Federation, their own legislation has practically been formed, in others it is still in the process of formation.
The study of the federal structure of legislation involves clarifying the nature of the connections between federal and regional legal acts. In the process of law-making of the subjects of the Federation, conflicts often arise between the legal acts they adopt and the legal acts of the Federation. Russian legislation, from the point of view of its federal structure, is contradictory. Paragraph “a” of Art. 72 of the Constitution of the Russian Federation classifies ensuring compliance of the legislation of the constituent entities of the Russian Federation with federal legislation as a subject of joint jurisdiction of the Russian Federation and its constituent entities.
The simplest way to resolve conflicts that arise between federal and regional legal acts is possible if they are adopted within the scope of jurisdiction, the Constitution of the Russian Federation, based on a comparison of the legal force of Art. 71-73:
the law of the Russian Federation is given priority over the regulatory legal acts of the constituent entity of the Russian Federation;
the laws of the subjects of the Federation have priority over the normative acts of the executive authorities of the Russian Federation;
the decree of the President or the resolution of the Government of the Russian Federation is given priority over acts of executive authorities of the constituent entities of the Russian Federation;
Decrees of the Government of the constituent entities of the Federation are given priority over acts of federal ministries and other central bodies of the federal executive power.
In practice, many questions arise, since the provisions of Art. 71-73 of the Constitution of the Russian Federation are far from perfect. The system of constitutional norms does not answer the question of the principles of the relationship between federal legislation and the legislation of the constituent entities of the Federation. The federal legislator often deviates from the spirit and letter of the Constitution. The actions of the President and the Government raise even more questions.
The federal structure of the state left its mark on the use of this type of codification law as the Fundamentals of Legislation. The modern Constitution of the Russian Federation does not provide for the adoption of legal acts in the form of Fundamentals. Regulation of public relations The fundamentals of legislation were provided for by the Federal Treaty.
The division of jurisdiction between the Federation and its subjects is carried out, including on the basis of the Federal Treaty, Art. 11 of the Constitution of the Russian Federation. In accordance with the “Final and Transitional Provisions” of the Constitution of the Russian Federation, in the event of a discrepancy between the provisions of the Federal Treaty and the provisions of the Constitution, the provisions of the Constitution of the Russian Federation shall apply.
At the same time, the legislator apparently wants to abandon the use of the Fundamentals of Legislation. Since 1993, laws in the form of Fundamentals of Legislation have not been adopted. Codes and federal laws are adopted on issues of joint jurisdiction.
Certain Fundamentals of Legislation continue to be in force, so let’s look at their features. Their adoption is possible on subjects of joint jurisdiction. Fundamentals of legislation are the highest legal act in a particular industry.
In the Fundamentals of Legislation, it is possible to specify the delimitation of competence between government bodies of the Federation and government bodies of the constituent entities of the Russian Federation. Before adopting their own acts, the subjects of the Federation must be guided by the Fundamentals of Legislation when regulating public relations.
As part of the current legislation, one can distinguish such types of federal laws as “fundamentals”, “general principles” (for example, the Federal Law “On the Fundamentals civil service Russian Federation”, etc.). They are very close to the Fundamentals of Legislation; moreover, they are adopted on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.
One of the main reasons for contradictions in the federal structure of legislation is the concluded bilateral agreements between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation. These agreements reflect the general trend of decentralization of legal regulation. They establish different amounts of powers for the subjects of the Federation. The provisions of the treaties predetermine the content of the legislation of the constituent entities of the Federation. Therefore, when determining the compliance of the legislation of the constituent entities of the Russian Federation with federal legislation, the problem of priority of the provisions of treaties or norms of federal legislation arises.
The lack of clear ideas about the relationship between federal legislation and the legislation of the subjects of the Federation is explained, in many respects, by the diversity of views on the nature and nature of Russian federalism, the degree of independence of the subjects of the Federation. Consequently, the study of the federal structure of legislation is inseparable from the general analysis of modern Russian federalism.
Ensuring the supremacy of the Constitution of the Russian Federation and federal legislation
According to Art. 3 of the Federal Law of October 6, 1999 No. 184-FZ “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”:
1. Federal laws, agreements on the division of powers, agreements on the transfer of the exercise of part of the powers between federal executive bodies and executive bodies of state power of the constituent entities of the Russian Federation (hereinafter referred to as agreements), constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation do not The subjects of jurisdiction of the Russian Federation, the subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation (hereinafter referred to as the subjects of joint jurisdiction), as well as the subjects of jurisdiction of the constituent entities of the Russian Federation, may be transferred, excluded or otherwise redistributed. If the provisions of these acts conflict with the Constitution of the Russian Federation, the provisions of the Constitution of the Russian Federation shall apply. Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted on the subjects of jurisdiction of the Russian Federation and subjects of joint jurisdiction. In the event of a conflict between a federal law and another act issued in the Russian Federation, the federal law shall apply.
2. Subjects of the Russian Federation have the right to carry out their own legal regulation on subjects of joint jurisdiction before the adoption of federal laws. After the adoption of the relevant federal law, laws and other regulatory legal acts of the constituent entities of the Russian Federation are subject to being brought into compliance with this federal law within three months.
3. If a government body of a constituent entity of the Russian Federation believes that a federal law does not comply with the Constitution of the Russian Federation, a normative legal act of a federal government body does not comply with the provisions of the Constitution of the Russian Federation, federal laws or treaties on the division of powers establishing the division of jurisdiction and powers between federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation, a dispute about competence or the question of the compliance of a federal law with the Constitution of the Russian Federation, the compliance of a normative legal act of a federal body of state power with the Constitution of the Russian Federation, federal laws or agreements on the division of powers is resolved by the appropriate court. Before the entry into force of a court decision recognizing a federal law or its individual provisions as inconsistent with the Constitution of the Russian Federation, a normative legal act of a federal government body or its individual provisions as inconsistent with the Constitution of the Russian Federation, federal laws or agreements on the delimitation of powers, the adoption of laws and other regulatory legal acts acts of a constituent entity of the Russian Federation that contradict the relevant provisions of a federal law or a regulatory legal act of a federal government body are not permitted.
The procedure for the adoption of normative legal acts of the constituent entities of the Russian Federation
The following procedure for the adoption of normative legal acts of the constituent entities of the Russian Federation is highlighted: Art. 7 Federal Law of October 6, 1999 No. 184-FZ “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”:
1. The Constitution (charter) of a subject of the Russian Federation, amendments to it (to it) are adopted by a majority of at least two-thirds of the votes of the established number of deputies.
2. Laws of a constituent entity of the Russian Federation are adopted by a majority vote of the established number of deputies, unless otherwise provided by this Federal Law.
3. Resolutions of the legislative (representative) body of state power of a constituent entity of the Russian Federation are adopted by a majority vote of the number of elected deputies, unless otherwise provided by this Federal Law.
4. A draft law of a constituent entity of the Russian Federation is considered by the legislative (representative) body of state power of the constituent entity of the Russian Federation in at least two readings. The decision to accept or reject a draft law, as well as the adoption of a law, is formalized by a resolution of the legislative (representative) body of state power of a constituent entity of the Russian Federation.
5. If, in the case provided for by paragraph 5 of Article 5 of this Federal Law, in accordance with the constitution (charter) of a constituent entity of the Russian Federation, approval of an adopted law of a constituent entity of the Russian Federation by another chamber is required, such a law is considered approved if more than half of the established number of members vote for it this chamber. If an adopted law is rejected by the chamber, whose powers include approving the laws of a constituent entity of the Russian Federation, the rejected law of the constituent entity of the Russian Federation is considered adopted if, during a repeat vote, at least two-thirds of the total number of deputies of the chamber that adopted the law voted for it.
Similar documents
General concept, essence and system of sources labor law. Division of powers of the Russian Federation and its subjects. The role and significance of laws and other regulatory legal acts of the constituent entities of the Russian Federation in the regulation of labor relations.
abstract, added 08/18/2011
Fundamentals of legislation, establishing the general principles and goals of legal regulation, norms of direct action and advisory norms for the subjects of the Federation. Principles of a federal structure modern Russia. Composition of the subjects of the Russian Federation.
course work, added 12/15/2013
Legislative power of the constituent entities of the Russian Federation. Local government bodies in the Russian Federation. Legal status and powers of deputies of the legislative body of the constituent entities of the Russian Federation. The procedure for the adoption of normative acts by the legislative body of a constituent entity of the Russian Federation.
course work, added 05/24/2015
A federal legislative system consisting of federal and regional legislation. The dominant role of the federal Constitution. Regional norms of civil law. Development of legislation of the subjects of the Federation.
abstract, added 09/18/2006
The rights of Russian citizens to social protection, according to the Constitution of the Russian Federation. Identification of subjects affected by the law. Identification of the rights and obligations of subjects. Responsibilities of subjects of the law. Identification of sources of financing.
test, added 01/04/2009
The system of legislation on administrative offenses in modern Russia. The concept of administrative offense and responsibility. Characteristics of the system of legislation on administrative offenses and the powers of the constituent entities of the Russian Federation.
course work, added 03/19/2014
Constitutions and Charters of the subjects of the Russian Federation in the system of sources of law. Characteristics of the constitutional principles of federalism. Study of the institution of human and civil rights and freedoms in the constitutional and statutory legislation of the subjects.
thesis, added 10/31/2014
The question of the validity of acts of tax legislation of the Republic of Belarus over time, the absence of the principle of their stability, the form of manifestation of retroactive force. Analysis of experience in regulating the entry into force of tax legislation in the Russian Federation.
abstract, added 11/26/2009
course work, added 11/15/2011
Constitutional and legal regulation of the formation of new subjects of the Russian Federation. Organizational issues of the formation of a new entity. Legal analysis of the unification trend. Improving legislation on the procedure for the formation of new entities.
The 1993 Constitution characterizes Russia as a federal state (Part 1, Article 1), and also establishes the basic provisions (principles) on which the federal structure of Russia is based (Part 3. 5):
State integrity;
Unity of the system of state power;
Distinction of subjects of jurisdiction and powers between government bodies of the Russian Federation and its subjects;
Equality and self-determination of peoples in the Russian Federation. The principle of state integrity means the historical continuity of the Russian state as a single entity based on the integrity and inviolability of its territory.
Attempts to violate the integrity of Russia must be suppressed by legal means. In these cases it is necessary constitutional mechanism interference of the federation in the affairs of the subject. The Russian Constitution has general provisions(Part 4 of Article 78, Part 2 of Article 80), which make such coercion possible.
For example, the decrees of the President of the Russian Federation, on the basis of which federal bodies acted in the Chechen Republic in 1994, according to the Constitutional Court of the Russian Federation, were adopted within the framework of the provisions of the Constitution of the Russian Federation, since the President of Russia was obliged to take the necessary measures to protect the sovereignty of the Russian Federation, security and integrity of the state (Resolution of the Constitutional Court of the Russian Federation of July 31, 1995 No. 10-P. In the case of verifying the constitutionality of Decree of the President of the Russian Federation of November 30, 1994 No. 2137 “On measures to restore constitutional legality and order in the territory of the Chechen Republic” , Decree of the President of the Russian Federation of December 9, 1994 No. 2166 “On measures to suppress the activities of illegal armed groups on the territory of the Chechen Republic and in the zone of the Ossetian-Ingush conflict”).
The principle of the unity of the system of state power is expressed in the fact that all state power comes from one source - the multinational people of Russia. State bodies form an integral system that operates on the basis of the Constitution of the Russian Federation.
This principle is combined, however, with such a principle of organizing government bodies as separation of powers. The separation of powers is one of the principles of the optimal organization of a system of unified state power.
It does not contradict the principle of unity of state power that
There are two levels of government in Russia:
Federal state power exercised by the President
Russia, the Federal Assembly (Federation Council and State Duma), the Government of Russia, the courts of the Russian Federation;
State power of the constituent entities of the Russian Federation, which is exercised by the state authorities formed by them.
Subjects of the Federation independently determine the system of their government bodies. The unity of state power is ensured by the fact that the Federation determines the general principles of organization of representative and executive bodies of state power of the constituent entities of the Russian Federation.
The principle of delimiting the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and its subjects means that the Constitution of the Russian Federation distinguishes subjects of exclusive jurisdiction of the Russian Federation (Article 71), subjects of joint jurisdiction of the Federation and its subjects (Article 72). Outside the specified areas of jurisdiction, the subjects of the Russian Federation have full state power (Article 73). However, the full extent of state power of the subjects of the Russian Federation does not mean that such power is exercised by the subjects of the Russian Federation as sovereign states, since the corresponding powers and jurisdiction in the sphere of which they are exercised do not stem from the will of the subjects of the Russian Federation, but from the Constitution of the Russian Federation as the highest act of sovereign power of the entire multinational people of Russia. The delimitation of jurisdiction and powers between government bodies of the Russian Federation and government bodies of constituent entities of the Russian Federation is carried out on the basis of the Constitution of the Russian Federation, Federal and other treaties on the delimitation of jurisdiction and powers.
In accordance with the principle of delimitation of subjects of competence and powers, unlawful interference of both the Federation and the constituent entities of the Russian Federation in the areas of exclusive competence of each other is unacceptable. In Russia, along with the federal legislator (Federal Assembly), there are also 88 legislators of the legislative (representative) bodies of the constituent entities of the Russian Federation. In this regard, the issue of the relationship between federal legislation and the legislation of the constituent entities of the Russian Federation is relevant. According to the Constitution of the Russian Federation (Article 76), federal constitutional laws and federal laws are adopted on the subjects of the Federation, which have direct effect throughout the territory of Russia. Laws and other regulatory legal acts of constituent entities of the Russian Federation cannot contradict federal laws. If such a contradiction does arise, then federal law will apply. On subjects of joint jurisdiction of the Russian Federation and its constituent entities, federal laws and, in accordance with them, laws and other regulatory legal acts of constituent entities of the Russian Federation may be adopted. In this area, federal law has supremacy: laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws. The absence of an appropriate federal law on issues of joint jurisdiction does not in itself prevent a constituent entity of the Russian Federation from adopting its own normative act. Moreover, after the adoption of the federal law, the law of the subject of the Federation must be brought into conformity with it. If, in turn, a subject of the Russian Federation has not adopted a law on subjects of joint jurisdiction, then the federal legislator, if necessary, can himself carry out legal regulation in this area.
On issues that are not within the jurisdiction of the Russian Federation and subjects of joint jurisdiction of the Federation and its subjects, the Constitution of the Russian Federation establishes the priority of laws and other normative legal acts of the subjects of the Russian Federation.
The principle of self-determination and equality of peoples in the Russian Federation does not mean the right of a subject of the Russian Federation to secede from the Federation, but the possibility of free social and cultural development of peoples within the framework of the Russian state. Thus, the republic has the right to raise the question of its state and legal status. Realization of the people's right to self-determination according to international law requires compliance with the principle of territorial integrity and human rights. Unilateral establishment or change by a republic or another subject of the Russian Federation of its status would mean recognition of the legality of violating the state unity of the Federation and the national unity of the peoples inhabiting it. Such actions are detrimental to the constitutional order and are incompatible with international norms on human and peoples' rights.
