The organization and activities of public authorities are based on constitutional principles - the initial provisions that guide the legislator when determining the procedure for the formation and functioning of public authorities.
As in any other area of public life, the principles of functioning of the system of state bodies of Russia are the initial guiding principles, leading ideas and attitudes that underlie it and express its essence. They represent general theoretical ideas that express the political, legal and organizational nature of the Russian state apparatus.
The basic constitutional principles of the organization and activities of government bodies Russian Federation are:
1. Participation of the people in organizing the activities of state bodies (as one of the constituent principles of popular sovereignty).
The main provisions of this principle are enshrined in the following provisions of the Constitution of the Russian Federation:
- the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people (Article 3, Part 1);
- the people exercise their power directly, also through state authorities and local governments (Article 3, 4.2);
- citizens of the Russian Federation have the right to participate in the management of state affairs directly and through their representatives (Article 32, Part 1);
- citizens of the Russian Federation have the right to elect and be elected to government bodies and local government bodies, as well as to participate in a referendum (Article 32, Part 2);
- citizens of the Russian Federation have equal access to public service (Article 32, Part 4).
2. One of the most important principles of organizing the system of state power of the Russian Federation, according to the Constitution of the Russian Federation (Article 10), is the separation of executive, legislative and judicial powers. The separation of powers is a structure-forming and functional principle for the purpose of rational organization and control of state power.
The separation of powers is enshrined in the Constitution of the Russian Federation as one of the foundations of the constitutional system for the Russian Federation as a whole, i.e. not only for the federal level, but also for the organization of state power in its subjects. The division of a single state power into legislative, executive and judicial presupposes the establishment of a system of legal guarantees, checks and balances that excludes the possibility of concentration of power in one of them, ensures the independent functioning of all branches of government and, at the same time, their interaction.
The legislative and executive authorities, within the limits of their competence, act independently of each other, each power is formed as independent, and the powers of one power to terminate the activities of another are permissible only if such powers are balanced, ensured on the basis of legislative decisions.
The adoption and promulgation of laws by the same body would upset the balance of powers in the field of lawmaking.
The principle of separation of powers has two aspects. Firstly, this is the distribution of powers between the state bodies themselves. No one body possesses all state power in its entirety. It is prohibited to perform functions belonging to another body. Thus, in a rule-of-law state there is no unlimited power not bound by the law and principles of the constitution. The separation of powers serves as a mechanism to protect individual rights as enshrined in the constitution. The separation of powers is expressed in a system of checks and balances, so that none of the bodies takes an authoritarian-absolutist position and overthrows the law and the constitution.
The separation of powers is not absolute. At the same time, it presupposes the unity of authorities on the basis of general political and legal principles. The separation of powers is not a frozen state of separate structures, but a working, functioning mechanism that achieves unity on the basis of a complex coordination process and special legal procedures provided, including in case of conflict and extreme conditions. The general principle of unity and separation of powers is specified in relation to various historical situations and provisions. Unity is achieved through dynamic balance, through a certain direction, conjugation and a process of adjustment. But at the same time, a condition is required: there should not be a concentration of power in the hands of one person and body, otherwise mutual control, checks and balances, and, consequently, the separation of powers and the rule of law will become impossible.
3. The principle of delimitation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation (Article 11 of the Constitution of the Russian Federation) reflects the peculiarities of the state structure of Russia, the decentralization of state power, the departure from administrative-command management methods, and, in general, the process of democratization society.
It follows from the Constitution of the Russian Federation that the constituent entities of the Russian Federation have the right to establish their own system of government bodies by adopting their own regulations. However, such acts must comply with the fundamentals of the constitutional system and the general principles of the organization of representative and executive bodies of state power (Article 77, Part 1), other provisions of the Constitution of the Russian Federation and federal legal acts specifying them. State power in the constituent entities of the Russian Federation must be based on the principles of a democratic federal legal state with a republican form of government (Article 1, Part 1), the unity of the system of state power (Article 5, Part 3), as well as the exercise of state power based on the separation of legislative, executive and judicial authorities and the resulting independence of their bodies (Article 10).
The competence of public authorities of the constituent entities of the Russian Federation is established on the basis of the rule arising from Article 77 (Part 1) of the Constitution of the Russian Federation, according to which the powers of public authorities of the constituent entities of the Russian Federation, which do not affect the constitutional foundations and prerogatives of the federal legislator, are determined by them independently.
The constitutional principle of the unity of state power requires that the subjects of the Russian Federation mainly proceed from the federal scheme of relations between the executive and legislative powers.
The system of government bodies of a republic as a subject of the Russian Federation may include both supreme authorities and territorial bodies, including bodies of the relevant administrative-territorial units provided for by the administrative-territorial structure (of the subject of the Federation).
4. Legality in the organization and activities of state bodies.
This principle presupposes compliance with the Constitution of the Russian Federation, laws and other acts of the Russian state by all government bodies and officials (Article 15, Part 2 of the Constitution of the Russian Federation).
Legality in the organization and activities of the system of state bodies of Russia includes the following requirements:
a) formation of state bodies in strict accordance with laws and other regulations of the state,
b) ensuring the functioning of government bodies within their competence,
c) carrying out activities in appropriate organizational and legal forms using methods inherent in the relevant bodies, in strict accordance with the procedural rules established for a particular government body,
d) cooperation of government bodies with public organizations, taking into account their social status. This refers to their interaction on the basis of the leadership of government bodies by subordinate organizations, coordination of activities with non-subordinate organizations, etc.
Along with the basic principles of the organization and operation of the state mechanism (mentioned above), there are non-basic principles, derived from the basic ones, that operate in a particular system of government bodies. In relation to the system of executive bodies, the principles of management (nationality, planning, etc.), the principle of public service are distinguished; To judicial system- administration of justice in strict accordance with the law, independence of judges and their subordination in the administration of justice only to the law, open hearing of cases, ensuring the accused the right to defense. Some of these principles are also enshrined constitutionally (see, for example, Art. 120, 121 of the Constitution of the Russian Federation).
Under principles of the constitution in legal This science understands the fundamental ideas and provisions that define the most essential features and qualitative properties of the Constitution as the Basic Law of the state.
Basic principles Constitution of the Russian Federation of 1993.
1. Democracy and sovereignty of the people. The essence of this principle is that Art. 3 of the Constitution of the Russian Federation establishes that all power in the state belongs to the people. “The bearer of sovereignty and the only source of power in the Russian Federation, this article emphasizes, is its multinational people.”
The Constitution also establishes the main forms of the people’s exercise of their sovereignty:
1. The President of the Russian Federation and the Federal Assembly are elected through general elections.
2. The most important issues are put to a referendum, an example of which is the adoption of the 1993 Constitution.
3. The Constitution introduced a system of local self-government, which is exercised by citizens through elected and other self-government bodies (Article 130).
2. Legality. The proclamation of the Russian Federation as a rule of law presupposes the enshrinement in the Constitution of the Russian Federation of the principle of legality, the essence of which is strict compliance with the requirements of the law. This principle is reflected in Art. 15 of the Constitution of the Russian Federation, which establishes the supreme legal force and direct effect of the Constitution throughout the entire territory of the Russian Federation. Paragraph 2 of Article 15 also stipulates that state authorities, local self-government, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.
The principle of legality is also enshrined in the norms of Chapter 7 of the Constitution of the Russian Federation, which establishes the system of government bodies, the principles of their organization and activities.
3. Equality and full rights of citizens, guaranteed rights and freedoms. This principle consists in recognizing a person, his rights and freedoms as the highest value. Article 19 of the Constitution of the Russian Federation establishes: “Everyone is equal before the law and the court.” And it is further emphasized that the state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited. Men and women have equal rights and freedoms and equal opportunities for their implementation.
Considering the content of the principle of equality of citizens, it should be emphasized that we are talking about legal equality, providing everyone with equal legal opportunities to enjoy rights and freedoms. Actual equality is impossible due to a number of objective and subjective reasons.
4. Humanism. The constitutional recognition of man as the highest value reflects the principle of humanism, which means concern for man, for the full development of his spiritual and physical qualities, and material living conditions.
5. State unity. For a federal multinational state, the implementation of the principle of state unity in the Constitution is of decisive importance. This principle is enshrined in the Preamble and Art. 4 of the Constitution of the Russian Federation, which establishes that the sovereignty of the Russian Federation and the supremacy of the Russian Constitution extend to its entire territory.
The Russian Federation ensures the integrity and inviolability of its territory. The principle of state unity is evidenced by the following provisions:
Art. 8 - unity of economic space;
Art. 67 - unity of territory;
Art. 68 - establishing the Russian language as the single state language;
Art. 74 - establishing the establishment of customs borders, duties, and fees on the territory of Russia;
Art. 75 - establishing the ruble as a single monetary unit, etc.
6. Equality and self-determination of peoples. This principle is due to the multinational character of Russia and its federal structure. This principle is enshrined in:
Preamble of the Constitution of the Russian Federation;
Art. 5 - establishing a list of subjects of the federation and indicating that in relations with federal government bodies all subjects have equal rights;
Art. 73 - establishing that outside the jurisdiction of the federation and the joint jurisdiction of the federation and the subjects, the latter have full state power.
According to Art. 66 of the Constitution of the Russian Federation, the status of a subject of the Russian Federation can be changed by mutual consent of the federation and the subject in accordance with federal constitutional law.
Constitution of the Russian Federation adopted by popular referendum on December 12, 1993, came into force on December 25, 1993.
The new Constitution was based on principles 1 developed by legal science over the long period of existence of constitutional law as a science.
These are:
1) democracy, sovereignty of the people;
2) legality;
3) equality and full rights of citizens, guarantee of rights and freedoms;
4) humanism;
5) state unity;
6) equality and self-determination of peoples;
7) separation of powers;
8) ideological diversity, political pluralism.
The Constitution of Russia structurally consists of the following elements:
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INTRODUCTORY PART (preamble) | ||||||||||||||||
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FIRST SECTION (137 articles) | ||||||||||||||||
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CHAPTERS | ||||||||||||||||
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1.Basics constitutional order |
2.Human rights and freedoms and citizen |
3.Federal structure |
4.President Russian Federation |
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5.Federal Assembly |
6. Government of the Russian Federation |
7.Judicial branch |
8.Local self-government |
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9.Constitutional amendments and revision of the Constitution | ||||||||||||||||
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SECOND SECTION | ||||||||||||||||
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Final and transitional provisions | ||||||||||||||||
The Constitution of the Russian Federation distinguishes between the concepts "revision" And "amendment" .
Revision is a change in the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation, and they cannot be revised by the Federal Assembly of the Russian Federation.
Amendments is aimed at changing chapters 3-8 of the Constitution, which is within the competence of the Russian parliament. They are adopted in the form of a special law.
Proposals for amendments and revisions of the provisions of the Constitution of Russia are submitted:
President of the Russian Federation;
Federation Council;
State Duma;
Government of Russia;
Legislative (representative) bodies of the subjects of the Federation;
At least 1/5 members of the Federation Council (36 people);
At least 1/5 of the State Duma deputies (90 people).
Review procedure chapter 1 – Fundamentals of the Constitutional system; 2 – Rights and freedoms of man and citizen, 9 – Constitutional amendments and revision of the Constitution consists of the following stages:
Firstly, making proposals to revise the provisions of Chapters 1, 2, 9.
Secondly, support for the initiative by 3/5 votes from the total number of members of the Federation Council (107) and deputies of the State Duma (270).
Thirdly, convening the Constitutional Assembly in accordance with the federal constitutional law.
Fourthly, adoption of a decision by the Constitutional Assembly: 1) confirm the immutability of the Constitution of Russia, then the revision procedure ends; 2) develop a new draft Constitution.
Fifthly, The Constitutional Assembly 1) is adopted by a qualified majority of 2/3 of the total number of the Constitutional Assembly; 2) put to a popular vote.
The Constitution is considered adopted if more than half of the voters vote for it, provided that more than 50% of registered voters took part in the referendum.
This is the procedure for revising chapters 1, 2 and 9 of the Constitution of the Russian Federation. It is designed to ensure the stability of the constitutional system and the protection of the rights and freedoms of Russian citizens.
Amendments to chapters 3-8 are accepted in the following order:
Introducing proposals for amendments to the State Duma in the form of a federal constitutional law on an amendment to the Constitution of Russia. The proposal must contain either text of the new article, or text of the new edition of the article, or provision for the exclusion of an article from the Constitution.
The draft law on the amendment is being considered in the State Duma Committee, which is responsible for issues of constitutional legislation.
Consideration of the draft law in the State Duma in three readings. The project is considered approved if at least 2/3 (300) State Duma deputies vote for it.
Sending the approved draft law within 5 days to the Federation Council. SF is considering it. The project is considered adopted if at least ¾ (134) of the total number of members of the Federation Council voted for its approval.
The Chairman of the Federation Council, no later than 5 days from the date of adoption of the law, publishes it for general information and sends it to the legislative (representative) bodies of the constituent entities of the Russian Federation.
Legislative (representative) bodies of a constituent entity of the Russian Federation consider a law within a period of no later than one year from the date of its adoption.
Approved by the legislative (representative) bodies of at least 2/3 of the constituent entities of the Federation within 7 days, it is sent by the Chairman of the Federation Council to the President of Russia for signing and official publication.
This is the procedure for changing and amending the current Constitution of the Russian Federation.
The set of means (legal, organizational, information and propaganda, etc.) with the help of which the implementation of all established constitutional norms is achieved, strict adherence to the regime of constitutional legality is called legal protection of the Constitution of the Russian Federation.
Legal protection of the Constitution of the Russian Federation is carried out with the help of constitutional control, i.e. activities of competent state bodies to verify, identify and eliminate inconsistencies in regulatory legal acts of the Constitution.
Monitoring compliance with the Russian Constitution falls under the jurisdiction of the Russian Federation. Ensuring compliance of the constitutions of republics and the statutes of territories and regions with the federal Constitution is the subject of joint responsibility of the Russian Federation and its subjects.
The Constitution of the Russian Federation clearly defines subjects of legal protection of the Constitution . These are:
President of the Russian Federation. According to Part 2 of Art. 80 The President is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.
Federal Assembly. The jurisdiction of its chambers includes issues related to the implementation of constitutional norms, as well as amendments to the current Constitution.
Government of the Russian Federation. Organizes the implementation of federal laws, systematically monitors their implementation by executive authorities at all levels and takes measures to eliminate violations.
Judicial authorities. They control the legality of the performance of certain constitutional functions by subjects of other branches of government, protect the rights and freedoms of citizens, the constitutional system of Russia, ensure compliance of acts of the legislative and executive powers with the Constitution, compliance with the rule of law and fairness in the implementation of the Constitution, laws, and other regulations.
Law enforcement. Protect and protect the rights and freedoms of citizens, the interests of society and the state, strengthen law and order.
The special body for the protection of the Constitution of the Russian Federation is Constitutional Court. It considers cases of compliance with the Constitution of the Russian Federation of federal laws, regulations of the President of Russia, the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation, and the Government of Russia; constitutions of republics, charters, laws and other normative acts of the constituent entities of the Russian Federation; agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation; international treaties that have not entered into force.
The Constitutional Court of the Russian Federation resolves disputes between government bodies, considers complaints from citizens about violations of their constitutional rights, and issues an opinion on compliance with the established procedure for bringing charges against the President of Russia for treason or committing another serious crime.
The Constitution of the Russian Federation is the main normative act of Russia, which has the highest legal force throughout the entire territory of the Russian Federation and has direct effect.
Based on the definition, the Constitution of the Russian Federation is based on 2 basic principles: 1) the supremacy of the Basic Law;
2) direct action constitutional norms.
1. The supremacy of constitutional norms means that the Constitution of the Russian Federation of 1993 is valid throughout the entire territory of the Russian Federation. This principle is reflected in the federal structure of the Russian Federation. Despite the fact that the subjects of the Russian Federation are endowed with the right to adopt their own constitutions (charters), the effect of these normative acts is limited to the territory of the subjects, while the Constitution of the Russian Federation extends its effect to all subjects at the same time.
The supremacy of the Constitution of the Russian Federation means its supreme legal force, i.e. all normative acts adopted on the territory of the Russian Federation (regardless of whether they are federal or adopted only in certain constituent entities of the Russian Federation) must comply with constitutional norms. Therefore, the Constitution of the Russian Federation can be called the fundamental basis of the entire legal system of Russia.
2. The principle of direct action means that constitutional and legal norms operate on the territory of the Russian Federation not indirectly, but directly, directly, i.e. compliance with constitutional norms should not be made dependent on any circumstances.
The Constitution of the Russian Federation in its content enshrines one of the main principles of a democratic state - the principle of separation of powers, according to which three branches of government operate simultaneously in Russia: 1) legislative; 2) executive; 3) judicial.
Thanks to this principle, a system of “checks and balances” is established in the power structure, which ensures the normal functioning and interaction of various government bodies. This principle is also ensured by delineating the rule-making activities of the President of the Russian Federation, the Federal Assembly and the Government of the Russian Federation, the spheres of joint and separate competence of the Russian Federation, its subjects and local governments.
An important principle of the Constitution is the provision about Russia as a social state. “Russian Federation,” says Art. 7 of the Basic Law, is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of people.”
The essence of this principle is that the state assumes part of the functions and responsibility for the social sphere of society, is obliged to direct resources to labor protection and health of people, establish a guaranteed minimum wage, provide support for family, motherhood, paternity and childhood, disabled people and senior citizens, develops a system of social services, establishes state pensions, benefits and other guarantees of social protection.
Social orientation of activities Russian state is clearly expressed in its constitutional duty to ensure the realization of fundamental human rights:
· right to free labor;
· the right to social security due to age, in case of illness, disability, and in other cases established by law;
· right to housing;
· right to health care;
· right to favorable environment;
· right to education.
In order to ensure appropriate rights, state bodies develop and implement federal and regional programs for health protection, protection and support of family, childhood, and environmental protection.
The principle of the Russian Constitution is also economic freedom, diversity of forms of ownership while maintaining a single economic space. In contrast to the constitutions of the Soviet period, which ensured an orientation towards the preferential development of state property and excessively expanded the scope of state regulation, the Basic Law of Russia of 1993 recognizes and protects equally private, state, municipal and other forms of property (for example, the property of public associations). Thus, each of them can develop freely, competing with each other and filling various spheres of the Russian economy.
Economic freedom is expressed in a person’s ability to use his abilities and property for entrepreneurial and other economic activities not prohibited by law, and the right to sell his labor force on the labor market. At the same time, however, economic activities aimed at monopolization and unfair competition are not allowed.
Diversity of forms of ownership and economic freedom can show their strengths only in conditions of maintaining a single economic space, which means the free movement of goods, services and financial resources. The establishment of customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources is not allowed on the territory of the Russian Federation.
Guaranteeing and recognizing local self-government is also one of the principles of the Constitution of the Russian Federation. Local self-government is a set of bodies and institutions that ensure that the population independently resolves issues of local importance.
According to the Constitution of Russia, local self-government acts as an independent channel (form) for the exercise of power by the people. Local governments are not included in the system of state authorities.
Local self-government promotes the decentralization of management of state and public affairs, “unloads” state power, and promotes the development of social activity of citizens at their place of residence.
The principles of the Constitution listed above are at the same time the foundations of the constitutional system of the Russian Federation. This means that they determine the content, the main meaning of not only the Constitution itself as the Basic Law of the state, but also (subject to their actual implementation) the structure of society and the state.
Chapter is devoted to the federal structure of Russia. 3 of the Constitution of the Russian Federation, however, the fundamental principles of the federal structure are enshrined in Art. 4 and 5 ch. 1 “Fundamentals of the Constitutional System”, which predetermines their significance and immutability under the existence of the current Constitution of the Russian Federation. Most of the enshrined principles underlie the constitutional and legal status of the Russian Federation.
The Constitution of the Russian Federation enshrines the following principles of the federal structure of Russia(Scheme 8).
Scheme 8. Principles of the federal structure of Russia.
State integrity. This principle means, in particular, the unity of the territory of the Russian Federation, the extension of the sovereignty of the Russian Federation to the entire territory, a single economic space, a single legal space, etc.
Unity of the system of state power. This unity is manifested in the unity of the nature of power (source, goals of activity), uniformity in the institutional organization of power at the federal and regional levels, hierarchy and interaction of various government bodies, etc.
Equality and self-determination of peoples in the Russian Federation and the following equality of subjects of the Russian Federation. The term “peoples” used in Part 3 of Article 5 of the Constitution of the Russian Federation can be interpreted in two meanings: firstly, as representatives of a certain ethnic group living in various constituent parts of Russia (Chechen people, Tatar people, peoples of the Finno-Ugric group, Belarusian diaspora, Azerbaijani diaspora, Germans, Karaites, etc.); secondly, as the entire population living in a certain territory without ethnic, national coloring (the people of Dagestan, the people of the Samara region, residents of Moscow, etc.). In any case, the principle of self-determination of peoples cannot be interpreted as the right of any territory to secede from the Russian Federation: the Constitution directly speaks of self-determination of peoples in the Russian Federation, Consequently, peoples, implementing this principle, can, in particular, change the status of the subject of the Russian Federation on the territory of which they live, unite with another subject of the Russian Federation or split into several territories, create national-cultural autonomy, etc., but, in first, within the existing borders of the Russian Federation and, secondly, without encroaching on the foundations of the constitutional system of Russia (form of government, economic system, ideological, spiritual foundations, etc.). The fundamental novelty of Russian constitutionalism is the provision that all subjects of the Russian Federation (republics, territories, regions, federal cities, autonomous regions and autonomous districts) are equal in rights and have the same legal status.
Distinction of subjects of jurisdiction and powers between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation(between federal and regional government bodies). The measure of division of power between the center and the constituent parts of the state, as noted, is one of the main features of a federal structure. It was this issue that turned out to be key in the formation of Russian federalism, and it needs to be considered in more detail.
When we're talking about on the delimitation of powers between the federal center and the constituent parts of the state, the terms “delimitation of subjects of jurisdiction” and “delimitation of powers (competence)” are used. Sometimes these concepts are used as identical, which is not entirely accurate. Under subjects of reference(Russian Federation, its subjects, joint jurisdiction, municipalities) are understood as spheres of social relations in which the relevant government bodies (local government bodies) carry out legal regulation, and under powers– the rights and responsibilities of the relevant public authority with which it is vested to implement tasks and functions in the subjects of relevant jurisdiction. Competence same - this is the totality of all the powers of a government body (local government body) in the relevant subject of jurisdiction. Authority, like competence, is a property inherent only government agency, local government body or official.
The fundamental principles of the division of power between the federal center and the constituent entities of the Russian Federation are enshrined in the Constitution of the Russian Federation, and details are contained in the Federal Law of October 6, 1999 No. 184-FZ “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” as amended. and additional
It is possible to differentiate between areas of authority and authority two main ways: normative (constitutional, statutory, legislative) and contractual. At the same time, the contractual method of delimitation is not opposed to the constitutional one, it is not “unconstitutional” and should be applied only within the framework of the current Constitution of the Russian Federation. The difference between these methods lies only in the fact that with the normative method, power is assigned to the corresponding subject directly in normative act(the Constitution of the Russian Federation, the constitution (charter) of a constituent entity of the Russian Federation, federal or regional law), and in the case of a contract - in a contract (agreement). It is possible to use any one of these methods, as well as their combination.
The Constitution of the Russian Federation, based on the most common practice in federal states the principle of three spheres of authority, secures:
1) subjects of the exclusive jurisdiction of the Russian Federation;
2) subjects of joint jurisdiction (sphere of so-called overlapping, competing competence);
3) subjects of own jurisdiction of the constituent entities of the Russian Federation.
Scroll subjects of jurisdiction of the Russian Federation defined in Art. 71 of the Constitution of the Russian Federation as closed and, therefore, not subject to broad interpretation. The basic criterion for assigning a list of issues to the jurisdiction of the Russian Federation (as in most federal states) is the assignment of rights to it, which together ensure the implementation of state sovereignty, the unity of rights and freedoms of man and citizen, and a unified state policy. Scroll subjects of joint jurisdiction, as well as the list of subjects of jurisdiction of the Russian Federation, is closed according to the Constitution of the Russian Federation (Article 72). The list of subjects of jurisdiction of the Russian Federation and joint jurisdiction is, as a rule, reproduced in the constitutions and charters of the constituent entities of the Russian Federation. Subjects of jurisdiction of the constituent entities of the Russian Federation are not clearly defined in the federal Constitution; the Constitution of the Russian Federation establishes only certain areas legal regulation subjects of the Russian Federation: establishment of a system of public authorities (part 2 of article 11, part 1 of article 77), adoption of constitutions, charters (parts 1, 2 of article 66), establishment of state languages of the republics (part 2 of article 68 ) etc. Therefore, according to the residual principle, this includes all those issues that were not included in the first two areas (Article 73 of the Constitution of the Russian Federation), which means that the scope of legal regulation of the subjects of the Russian Federation is quite wide.
The Constitution of the Russian Federation enshrines and hierarchy of regulations of the Russian Federation and constituent entities of the Russian Federation: on subjects of joint jurisdiction, the federal law has supremacy, and on subjects of jurisdiction of the constituent entities of the Russian Federation, normative legal acts of the constituent entities of the Russian Federation have priority over federal laws (Parts 5, 6 of Article 76 of the Constitution of the Russian Federation). The priority of federal acts in the sphere of exclusive jurisdiction of the Russian Federation is obvious, since in this area regional acts, according to general rule, should not be published (Part 1 of Article 76). It should be borne in mind that on subjects of joint jurisdiction of the Russian Federation and its constituent entities, not only federal laws can be adopted (such a conclusion may arise based on the literal interpretation of Part 2 of Article 76 of the Constitution of the Russian Federation), but also federal regulatory legal acts of a subordinate nature ( decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, departmental acts). The legal position on this issue was expressed by Constitutional Court RF in Resolutions dated 01/09/1998 No. 1-P “On the case of verifying the constitutionality of the Forest Code of the Russian Federation” and dated 01/27/1999 No. 1-P “On the case on the interpretation of Articles 71 (clause “d”), 76 (part 1) and 112 (part 1) of the Constitution of the Russian Federation.”
Correlation between federal and regional legislation on subjects of joint jurisdiction in Art. 76 (parts 2 and 5) of the Constitution of the Russian Federation is defined as follows: in these areas of public relations, both federal laws and other federal legal acts, and laws and other regulatory legal acts of constituent entities of the Russian Federation can be adopted. However, the latter must be adopted in accordance with federal laws, and in case of conflict between federal law and the regulatory legal act of the constituent entity of the Russian Federation is subject to federal law.
The absence of a federal law on issues of joint jurisdiction of the Russian Federation and its constituent entities is not an obstacle to the resolution of this issue by a constituent entity of the Russian Federation. However, the possibility advanced legal regulation in the subject of the Russian Federation is very limited. Firstly, the constitutional requirement on the need for regulatory legal acts of the constituent entities of the Russian Federation to comply with federal law also presupposes bringing the legal act of the constituent entity of the Russian Federation into conformity with the federal law adopted later. Secondly, the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”, after amendments and additions were introduced on July 4, 2003, contains a closed list of powers of government bodies of the subjects on subjects of joint jurisdiction that they can carry out independently.
Contractual method The vertical delimitation of powers in a federal state should be considered as auxiliary, since in all main spheres of social relations the subjects of authority and powers must be delineated normatively.
At the end of the 1990s. in Russia, the “parade of sovereignties” has grown into a “parade of concluding agreements”; it has become “non-prestigious” for the constituent entities of the Russian Federation not to conclude an agreement with the center. The contractual process during this period rightly caused an ambiguous assessment and concern, since the norms of the concluded contracts invaded the sphere of federal constitutional and legislative regulation, and the contractual model of the Russian Federation (“contract law”) began to be established in fact. By the spring of 1999, 42 agreements had already been concluded with government bodies of 46 constituent entities of the Russian Federation and more than 250 specific agreements to them. The subjects of the Russian Federation that entered into agreements occupied most of the country's territory, more than 50% of the population lived in them, and over 60% of Russia's economic potential was concentrated. At the same time, most of the agreements signed at that time between federal government bodies and government bodies of the constituent entities of the Russian Federation changed the scheme for delimiting the subjects of jurisdiction between the Russian Federation and its constituent entities established in the Constitution of the Russian Federation.
The strengthening of the vertical of state power in Russia contributed to the fact that by the end of 1999, the conclusion of new agreements was suspended, and since 2002, the process of terminating the validity of concluded agreements by agreement of the parties began (at present, most of the concluded agreements have been cancelled).
The current legislation has also changed the procedure for implementing the contractual method of delimiting jurisdiction and powers between federal and regional government bodies. The Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”, firstly, establishes subject limiter, i.e., the subject of the agreement can only be specific powers of federal and regional government bodies, determined exclusively by the economic, geographical and other features of the subject of the Russian Federation and to the extent that these features determine a division of powers other than that established in federal laws ( the subject of agreements between federal and regional executive authorities can only be the delegation of part of the existing powers). Secondly, the Law enshrines time limiter, i.e., a contract (agreement) cannot be indefinite; the maximum validity period of the contract is ten years with the possibility of early termination (termination) both by agreement of the parties and by a court decision. Thirdly, the Law enshrines the concept of a non-self-executing agreement in intra-federal relations, which predetermines the complication procedures for concluding and entering into force of treaties and agreements– agreements are subject to preliminary (before the agreement is signed by the President of the Russian Federation and the head of the region) approval in the legislative body of the constituent entity of the Russian Federation and approval of the signed agreement by federal law. Thus, such agreements can be called bilateral with a large degree of convention, since essentially there is a coordinated (prevailing) will of dozens of subjects of the legislative process, including all subjects of the Russian Federation. Agreements between federal and regional executive authorities come into force after their approval by resolutions of the Government of the Russian Federation. This procedure will make it possible to exclude from contracts and agreements provisions that violate the principle of equality of subjects of the Russian Federation (state authorities of any subject of the Russian Federation have the right, upon their request, to receive a draft contract or agreement and express their suggestions and comments).
For contracts and agreements concluded previously and currently in force, it is established that if they are not approved by federal law or a resolution of the Government of the Russian Federation, respectively, by July 8, 2005, they will cease to be valid.
With the division of power between the center and the regions, the normative meaning of concluding agreements is largely lost. The main purpose of intrastate (as well as intraregional) treaties and agreements is to specify, clarify, and delegate normatively delimited powers with the unconditional priority of the normative method of vertical division of power.
Topic 11
Composition of the federation in Russia and the constitutional and legal status of the Russian Federation and its subjects
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