Subjects of the Russian Federation, their legal status

The composition of the Russian Federation includes several types of subjects:

§ republics;

§ Autonomous region;

§ autonomous okrugs: territories and regions;

§ cities of federal significance - Moscow and St. Petersburg.

Republics within the Russian Federation. They act as states. Republics adopt constitutions, while the rest of the subjects adopt statutes. Moreover, the Constitution of the Russian Federation does not regulate the procedure for adopting republican constitutions, while other subjects must adopt their own charters through their legislative (representative) bodies (. 2, article 66). Republics have the right to establish their own state languages.

At the same time, in accordance with the "Federal Law" On the languages of the peoples of the Russian Federation, the alphabets of the state language of the Russian Federation and the state languages of the republics are built on the graphic basis of the Cyrillic alphabet. Other graphic bases of the alphabets of the state language of the Russian Federation and the state languages of the republics may be established by federal laws.

The state languages of the republics are used in state authorities, local governments, state institutions of the republics along with the state language of the Russian Federation (part 2 of article 68 of the Constitution of the Russian Federation). Other subjects of the Federation, built according to the national-ethnic principle (autonomous region, autonomous districts), do not have such a right.

The presence of constitutions serves as the basis for the formation of their own constitutional courts in the republics. Other subjects of the Federation have the right to establish statutory courts. Both types of judicial bodies perform the same type of functions and therefore the differences in their names are not decisive.

As an attributive feature of the state, one can "consider the presence of capitals in the republics, while the rest of the subjects have administrative centers. The legal status of capitals, administrative centers is established by the laws of the respective subjects.

The peculiarities of the republics should not create the impression of the exclusivity of this type of subjects in relation to others. The main principle of modern Russian federalism is the principle of equality of all subjects, which, while allowing the presence of certain features of one or another type of subjects of a federal association, categorically does not allow the prevalence of any one type of subjects over others.

The Constitutional Court of the Russian Federation in its decision in the case “on republican sovereignty” emphasized that the concept of “republic (state)” used in the federal Constitution does not mean recognition of the state sovereignty of these entities, but only reflects certain features of their constitutional and legal status associated with factors of historical, national and otherwise.

Everyone's status subjects of the Federation, as you know, is determined by the federal Constitution and, depending on the type of subject, by its constitution or charter. However, according to the Constitution of the Russian Federation, the status of an autonomous region and an autonomous district, in addition, may be regulated by a law on the corresponding autonomy.

Such a law can be adopted on the proposal of the legislative and executive bodies of these entities (part 3 of article 66). To date, none of the autonomies has submitted a relevant bill to the federal parliament.

Most of the autonomous okrugs are part of the territories and regions. The current Constitution does not provide for the right of autonomies to secede from the region, fixing only the possibility of a contractual solution of issues of mutual interest. Theoretically, the subject of such an agreement could also be the issue of direct entry into the Federation of the Autonomous Okrug, i.e. about the actual withdrawal of the district from the region. Here, however, the mutual consent of such subjects is required, as well as the legal "registration" of such a decision at the federal level.

In accordance with the Law of the RSFSR "On Amendments and Additions to the Constitution (Basic Law) of the RSFSR" dated December 15, 1990, all autonomous regions were withdrawn from the territories and included directly in the Russian Federation. Thus, at present, 9 autonomies out of 11 are part of the Russian Federation and at the same time are part of the territories or regions.

Territories, regions within the Russian Federation. Some Russian regions are complex, i.e. include other subjects - autonomous okrugs. In the context of securing the equality of all subjects, certain legal forms of regulation of the status of such subjects, their relationships, resolution of possible disputes, etc. are necessary. The Constitution of the Russian Federation names internal agreements on the delimitation of subjects of jurisdiction and powers as such forms.

For example, such agreements are concluded between the state authorities of the Irkutsk region and the state authorities of the Ust-Orda Buryat Autonomous Okrug, which is part of it, between the state authorities of the Tyumen region and the state authorities of the Khanty-Mansiysk and Yamalo-Nenets Autonomous Okrugs that are part of it.

The previous Russian Constitution provided for autonomous okrugs and autonomous oblasts to independently decide whether they should be part of a krai, oblast, or enter the Russian Federation directly. Then only one Autonomous Okrug, Chukotsky, used the right to secede from the region, which was enshrined in the Law of the Russian Federation “On the direct entry of the Chukotka Autonomous Okrug into the Russian Federation” dated June 17, 1992.

The constitutionality of this Law was verified by the Constitutional Court of the Russian Federation. The Court came to the conclusion that the withdrawal of the Chukotka Autonomous Okrug from the Magadan Region and its direct entry into the Russian Federation do not affect the national state structure and composition of the Federation, as well as the constitutional legal status autonomous region. The law was declared constitutional.

The Russian Federation has two regions that are separated from the main part of the territory of the state: the Sakhalin region is separated from the mainland of Russia by the Tatar Strait, and the Kaliningrad region is the territory of foreign states. Naturally, the latter region has much more features compared to all other regions of the country. With this in mind, the Federal Law "On the Special Economic Zone in the Kaliningrad Region" dated January 22, 1996 was adopted.

Cities of federal significance within the Russian Federation. These cities occupy an enclave position, i.e. their territory is surrounded by the territory of another subject - the region (Moscow and Leningrad). The Constitution does not say anything about the relationship between these cities and their respective regions. It seems that, by analogy with the regions and their constituent autonomous districts, these relationships can be regulated by agreements, and, in case of emergency, also by federal laws, with the obligatory consideration of the interests of both parties.

Cities of federal significance, in addition, differ from other members of the Federation by combining both the status of a subject of the Federation and the status of a settlement - a city. The rest of the subjects, being territorial units, on the contrary, include cities, other settlements, etc. in their composition.

Finally, the status of Moscow includes at least four legal aspects. Moscow acts as a settlement - a city; a subject of the Federation - a city of federal significance; the administrative center of another subject - the Moscow region; capital of the Russian Federation. The status of the capital, according to the Constitution of the Russian Federation (part 2 of article 70), is established by federal law.

The role and place of the subject of the Federation in the Russian Federation acquire special significance. Throughout the 1990s, our country experienced a period of decentralization; the subjects of the Federation separated themselves from the center and from each other, even tried to achieve "sovereignty".

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Subject	Subjects of the Russian Federation, their legal status

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INTRODUCTION

Relevance of this topic is determined by the fact that the study of the problems of the theory and practice of federalism, federal relations logically leads to an analysis of the place and role of the subject of the Federation, which is the constituent entity of the federation. This is a basic problem for understanding the essence and prospects of federation. The nature of the federal state and its viability depend on how it is decided, what will be the relationship between the parts (subjects) that make up the federation.

With the adoption of the Constitution of the Russian Federation in 1993, in many respects, it was possible to approach the harmonization of both the model of federalism itself and the actual relations between the Federation and its subjects. It is no coincidence that the President of the Russian Federation in his message to the Federal Assembly of the Russian Federation pointed out the importance of achieving an optimal balance in the delimitation of powers between the constituent entities and the Russian Federation, emphasizing the unresolved problem of effective interaction between federal state authorities and state authorities of the constituent entities of the Russian Federation.

In legal science today there is no uniform understanding of the very term “status of a subject of the Russian Federation”. The Constitution mentions the status of the subjects of the Russian Federation (Article 66), without disclosing this concept. It is only envisaged that the status of a subject of the Russian Federation may be changed in accordance with the federal constitutional law. The current legislation regulating issues of federal relations, and in particular the delimitation of powers between federal government bodies and federal government bodies, is also imperfect.

state power of the constituent entities of the Russian Federation, forms and procedure for delineating competence on subjects of joint introduction.

This gave rise to different views on the status of the subject of the Russian Federation. Sometimes it is understood quite broadly and includes the entire scope of their rights and obligations. However, closer to the norm is a narrow understanding of the status of a constituent entity of the Russian Federation as its variety provided for by the Constitution (republic, territory, region, city of federal significance, autonomous region, autonomous district). From this point of view, a change in the status of a subject of the Russian Federation will mean, for example, the transition of a region to the status of a republic, an autonomous okrug to the status of a region, etc.

The development of issues of the status of the subjects of the Russian Federation in the context of modern constitutional theory allows us to clarify a number of characteristics, to expand our understanding of the essence and prospects for the development of the federal structure and relations between the Russian Federation and its subjects.

It should be noted that the question of the peculiarities of the constitutional and legal status of a subject of the Russian Federation is not the subject of a special scientific study, however, the formation of the state structure of Russia, carried out for twenty years, contributed to the emergence of works on the problems of federalism, the constitutional status of subjects of the Russian Federation, types of subjects of the Russian Federation, and the status of specific subjects RF and their problems.

Object of studyare social relations that take shape in the process of formation and development of the constitutional and legal status of the constituent entities of the Russian Federation, as well as the practice of its implementation at the present stage.

Subject of researchis the state-territorial structure of the Russian Federation and the constitutional and legal status of the constituent entities of the Russian Federation.

Objectives of the course work:

1. Studying the evolution of the statuses of the subjects of the Russian Federation;

2. To reveal the main types of subjects of the Russian Federation;

3. Consider the subjects of jurisdiction of the subjects of the Russian Federation

4. Reveal the features of the legal status of the republics within the Russian Federation.

5. Reflect the features of the status of territories, regions and cities of federal significance.

6. Reveal the features of the legal status of autonomous entities within the Russian Federation.

7. Analyze and systematize the acquired knowledge and generalize them.

Methods research: theoretical analysis and synthesis, induction and deduction, comparison, classification and generalization.

In modern domestic legal literature, research in the field of problems of federalism is reflected in the works of S. A. Avakyan, R. G. Abdulatipov, M. V. Baglai, A. A. Bezuglov, L. F. Boltenkova, Dmitriev, A. N. Kokotova, O.E. Kutafina, V.A. Kryazhkova, V.A. Lebedeva, A.F. Maly, M.S. Salikova, A. S. I. A. Umnova, D.L. Surkova, Yu.A. Tikhomirova, V.E. and etc.

The theoretical basis of the studyserved as work on the general theory of law, the science of constitutional law.

The normative base of the course work was: the Constitution of the Russian Federation of 1993 (as amended), Federal legislation, Constitutions (Charters of the constituent entities of the Russian Federation), Legislation of the constituent entities of the Russian Federation.

Target this term paper - to give a general description of the constitutional and legal status of the constituent entities of the Russian Federation, identifying applied problems of legal regulation in the exercise of legislative and executive power.

GENERAL CHARACTERISTICS OF THE CONSTITUTIONAL AND LEGAL STATUS OF THE SUBJECTS OF THE RUSSIAN FEDERATION

Evolution of the status of subjects of the Russian Federation

The constitutional and legal formula of modern Russian federalism is a consequence of the reforms carried out in Russia in the last decade, and was formed under the influence of the development of both domestic statehood and the statehood of foreign countries. It reflected the peculiarities of the history of the development of federal relations in Russia, an attempt to combine global approaches to federalism with Russian values and traditions.

There are three stages in the formation of the constitutional and legal foundations of modern Russian federalism. The first stage is the period of the collapse of the USSR and the adoption by Russia of the Declaration on State Sovereignty; the second - the signing of the Federal Treaty and the introduction of appropriate amendments to the Constitution of 1978; the third is the adoption of the Constitution of the Russian Federation in 1993.

The essence of the constitutional reform in Russia in the field of state building at the first stage was a consequence of the reforms carried out since the 1980s in the political and economic spheres. The announced course towards the decentralization of political and economic life required new approaches to the division of state power between the center and its component parts. 1

A characteristic feature of the reform of the state structure of this period was manifested in the fact that political, social and economic reforms began to be carried out from above, often without taking into account regional characteristics, the entire complexity of problems on the ground.

Another feature of the development of relations between the center and the constituent parts of the Russian state of that time was the federalization of Russia based on the recognition of differences in the status of the territories. “Initially, the policy of allocating a special status to the republics within Russia was carried out” Vladimirova V.V. - Actual problems of federalism: questions of theory and practice: Textbook / SUM - M. 2004 - p. 20 Relations between Russia and its autonomous republics developed towards confederalization. 2

Already during the period of participation in the development of the Union Treaty between the republics of the USSR, the Russian authorities were simultaneously engaged in the development of the Federal Treaty Konyukhova I.A. - Modern Russian federalism and world experience: Results of formation and development prospects. - M.: JSC "Publishing house "Gorodets""; "Formula of Law" - 2004 -p. 11, which was signed on March 31, 1992. With the signing of the Treaty, a new stage in the development of Russia's statehood began. The center made an attempt to restore stability on the basis of agreements with the territories. The main features of the new model of the state structure of Russia, determined by the Treaty, were expressed in the rejection of the centralist principle“fixing an open list of issues within the jurisdiction of the Federation”, securing guarantees for the independence of the subjects of the Federation in matters not related to the jurisdiction of the Federation, establishing subjects of joint jurisdiction, securing partnership principles in the exercise of power on subjects of joint jurisdiction.

In the legal literature, there is a widespread point of view that the signing of the Treaty marked the transition of Russia from a unitary state to a federal one. Agreement on the delimitation of jurisdiction and powers between the federal state authorities of the Russian Federation and the authorities of the sovereign republics within the Russian Federation. Moscow, SZ. March 31, 1992 Another point of view is that even before the Treaty, Russia was a federal state, with its adoption, the nature of the federation changed, the federation based on the principles of national autonomy was transformed into a constitutional-treaty federation with subjects of different nature Federation.

According to I.A. Konyukhova, the Treaty only laid the foundation for the federalization of Russia. One of the main arguments given by I.A. Konyukhova, lies in the fact that not all constituent parts of Russia that signed the Treaty received the status of subjects of the Russian Federation. The adoption of the Constitution of the Russian Federation on December 12, 1993 marked the beginning of the final stage in the development of the constitutional and legal foundations of modern Russian federalism. The Constitution of the Russian Federation reflected the real balance of power that had developed between the Russian Federation and its subjects at the time of its adoption.

Despite the fact that, under the new Constitution, Russia is declared a federal state, in fact, the establishment of real federalism in our state has to be spoken of only as a process. In the struggle between unitary, federal and confederal tendencies, none of the principles of federalism has yet been fully implemented.

It is worth noting that among the principles of Russian federalism, enshrined in constitutional law, are: state integrity, unity of state power and its system, equality of peoples and equality of subjects of the Russian Federation, the right of peoples to self-determination within the framework of the Federation, delineation of jurisdiction between it and its subjects and powers between federal government bodies and subjects of the Russian Federation, equal citizenship and an equal standard of basic rights and duties of a person and citizen for all subjects, the supremacy of federal law.Since the adoption of the Constitution of the Russian Federation in 1993, three periods can be distinguished in the development of federalism:

1993-1996; 1996-2000; 2000 - present

First period post-constitutional development was characterized by parallel developing processes of legal disintegration and decentralization of power, as well as the adoption of a number of federal laws delimiting the subjects of jurisdiction and powers on a centralized basis.

Second period characterized by the emergence of certain processes of unification of legislation and the restoration of a single space of Russia, an increase in the role of federal law and decisions of the Constitutional Court of the Russian Federation, as factors that encourage the subjects of the Russian Federation to bring their legislation into line with the Constitution of the Russian Federation.

Third period (also called the newest in the legal literature) is characterized by the continuation of the process of legitimization of federal relations and the centralist policy pursued by the federal authorities in relation to the powers of authority and law-making of the constituent entities of the Russian Federation.

The primary goals of Russia's development at the beginning of the 21st century were the creation of an effective, stable democratic state; the return of Russia to the status of a strong power, which has the authority of the power of the state within the country and is able to influence the policies of other states. One of the effective ways to achieve the goals set is the reasonable organization of the federal structure of Russia. 3

The improvement of federative relations is expressed in an increase in the role of federal law and a corresponding decrease in the influence of a bilateral treaty on the regulation of the system of delimitation of power along the vertical, which violates the principle of equality of the subjects of the Russian Federation.

It is worth noting that hallmark centralized state is the high role of the executive branch in the management of the state and its constituent parts. In this regard, a feature of federal states that are decentralized by their nature is a developed procedure for coordinating the legislative process through parliamentary structures. Russian legislation at the present stage testifies to the predominance of the opposite trend - to the strengthening of the mechanism for coordinating the process of lawmaking through the executive branch.

In exercising his constitutional powers, in order to strengthen the coordination of state power, as well as in order to increase the efficiency of the activities of federal state authorities and improve the system of control over the execution of their decisions, the President of the Russian Federation V.V. Putin Decree of May 13, 2000 "On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District" Decree of the President of the Russian Federation "On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District" of May 13, 2000 No. 849 (as amended). transformed the institution of plenipotentiary representatives of the President of the Russian Federation, which had previously been formed only in a few constituent entities of the Russian Federation. In accordance with the aforementioned Decree, the plenipotentiaries of the President of the Russian Federation acquired the right to coordinate and control compliance with the Constitution of the Russian Federation and federal legislation in the localities. Another Decree "On additional measures to ensure the unity of the legal space of the Russian Federation" 4

Despite the processes of Russia's movement along the path of strengthening and improving the federal structure, a position advocating a unitary Russia is increasingly being put forward in scientific and socio-political circles. Opponents of federalism see the unitary form of government as a guarantee of a stable and strong state. At the same time, thoughts are being expressed that with the implementation of presidential initiatives to strengthen statehood, Russia is already now, in fact, naturally transforming into a unitary state.

A unitary Russia is unlikely to have a prosperous future. The advantage of federalism is that it is able to offer a different level of decentralization of power, depending on the socio-political, historical and other situation in the country. The essence of federalism is the achievement of harmony between centralization, decentralization and self-government; achieving "a compromise between unity and diversity, or, in other words, to ensure unity in diversity" 5 .

Another the most important aspect emerging trends in the development of federal statehood - taking into account the modern challenges of civilization that have affected Russia as well. In modern conditions, humanity faces new challenges not only in international relations, politics and the world economy, but also in the implementation of the federative idea.

The concept and content of the constitutional and legal status of the Russian Federation

The subjects of the Russian Federation are state-legal formations (communities) that together form the Russian Federation.The Constitution of the Russian Federation establishes six types of subjects of the Russian Federation - a republic within the Russian Federation, a territory, a region, a city of federal significance, an autonomous region, an autonomous district. All of them are equal in relations with the federal authorities. However, in the state-legal status of the subjects of the Russian Federation different types there are certain differences established by the Constitution of the Russian Federation, the Federal Treaty, as well as special agreements between the Russian Federation and its individual subjects. 6

The constitutional and legal status of the subject of the Russian Federation is characterized, on the one hand, by common features inherent in all subjects as constituent parts of the Federation, on the other hand, different kinds subjects have their own characteristics.

All subjects are integral parts of the Russian Federation. They do not have state sovereignty and the right to secede from the Russian Federation. On June 7, 2000, the Constitutional Court of the Russian Federation ruled that a federal state cannot have two levels of sovereign power.

The subjects of the Russian Federation have their own state power. However, this power is limited and hierarchically subordinate. This is expressed in the fact that the most important issues of public and state life are assigned by the Constitution of the Russian Federation to the exclusive jurisdiction of the Federation, in the principle of the supremacy of federal law, in the possibility of using federal coercion in relation to the subjects of the Russian Federation in case they violate federal Constitutions and laws.

The status of a subject of the Federation cannot be changed by the Federation unilaterally, nor can it be changed by the subject itself.The people can choose a new form of self-determination of the Russian Federation, but changing the status of a state entity within the Federation - its subject requires the consent of both parties - the Federation and the subject. The creation of federal districts with authorized representatives of the President of the Russian Federation appointed in them does not change the Constitution of the Russian Federation and legally does not change the constitutional status of the subjects of the Federation.

The principle of territorial integrity applies to all subjects of the Federation. In this case, however, one should distinguish between a change in borders associated with a change in the territory of the Russian Federation (for example, the cession of a part of the territory of a constituent entity of the Russian Federation to a foreign state) and a change in the boundaries between subjects within the state territory of the Russian Federation. The first case has already been mentioned above: such a change is impossible without the consent of the Federation. The boundaries between the subjects of the Russian Federation can be changed with their mutual consent (part 3 of article 67), the procedure for such a change should be established by a federal constitutional law, which has not yet been adopted, with the participation of the Federation, since such changes are approved by the Federation Council, but the last one is This is the representation of subjects in the Parliament of the Russian Federation. Such changes are primarily due to the economic ties of the regions, the attraction of the population to certain centers, the nature of the routes of communication with them. The internal administrative boundaries of the subjects (between districts, municipalities, etc.) are changed by the subjects without the participation of federal bodies. 7 The subjects of the Federation independently establish the division of their territory, create administrative-territorial units, state: laws on local self-government and organize it. This legislation must be consistent with the federal Constitution and the basic principles of the federal law on local self-government.

The Constitution of the Russian Federation establishes that all subjects of the Russian Federation are equal, including in relations with federal government bodies.All subjects have their own representative offices under the Government of the Russian Federation, all subjects are equally covered by federal guarantees. 8

The subjects of the Federation independently create their own bodies of state power - legislative assemblies (there are other names), elect presidents (only in the republics, and not in all), create their own governments (by no means all). They do not have their own judicial system and prosecutor's office, but still justices of the peace are appointed by them (legislative bodies). When creating their bodies, the subjects must act in accordance with the principles of the Constitution of the Russian Federation and proceed from the federal scheme of relations between legislative and executive authorities, as the Constitutional Court of the Russian Federation decided in its decision of January 18, 1996. In 1999, on September 22, the Federal Law “On general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation.

The subjects have their own extensive legal system, which allows them to fully regulate issues of their own jurisdiction, as well as issues of joint jurisdiction with the Federation, if they are not regulated by it. At the heart of the legal system of the republics are their constitutions, the charters of other subjects of the Federation. At present, various codes have been adopted in some republics, and laws, acts of presidents, governments, etc., have been adopted in all subjects. Under all conditions, however, the legal system of each of the subjects of the Federation is part of the federal system and cannot be in conflict with it.

The subjects of the Federation have their own sphere of jurisdiction. As noted, outside the exclusive competence of the Federation and in the area of joint competence, in the part where federal laws have not been adopted, they have the right to independently regulate the relevant relations. In the sphere of joint competence, the primacy of federal law operates, but in the sphere of executive (residual) competence of the subjects, the law of the subject of the Russian Federation has supremacy.

The subjects participate in the resolution of federal issues.To do this, they have an equal number of representatives in the Federation Council, the right to legislative initiative in the federal parliament, permanent representations of the republics in the center, and the right to participate in the development of federal regulations on subjects of joint jurisdiction. If these rights are violated, they can apply for protection to the Constitutional Court of the Russian Federation.

The subjects of the Russian Federation have their own property. They may own various property, except for the exclusive federal property. Federal property may be transferred to the ownership of subjects, their possession, use and disposal. In addition, income from federal property may be divided between the Federation and the relevant subject (subjects) in a certain proportion, if this property is located, in particular, on the territory of the subject. The property of the subject can be transferred to municipal ownership, possession, use, disposal of municipalities. All subjects of the Russian Federation have the right to participate in international and foreign economic relations, as well as to conclude intra-federative agreements, including with the Federation. However, subjects cannot conclude between themselves and with other states agreements of a political nature, or form internal federations. As for other Treaties, according to the Federal Law "On International Treaties of the Russian Federation" dated July 15, 1995, international treaties of the Russian Federation affecting issues related to the jurisdiction of the subject are concluded in agreement with the authorities of the interested subject. When preparing treaties between the Russian Federation and other states, if the provisions of the treaties are subject to the joint jurisdiction of the Russian Federation and its subjects, the opinions of interested subjects are taken into account, and representatives of the latter, in agreement with the federal authorities, can participate in negotiations. Trade and economic agreements concluded by subjects with other states must be preliminarily coordinated with the Ministry of Foreign Affairs of the Russian Federation, which, however, is not always done. 9

The subjects of the Federation have their own symbols - a coat of arms and a flag, rarely an anthem (for example, the Saratov region), have capitals (administrative centers).

Along with common features, the legal status of various subjects of the Russian Federation has its own characteristics. Sometimes they have a single character (for example, the Steppe Code in Kalmykia), but in general, three groups of subjects can be distinguished: republics; territorial-state formations essentially of the Russian-speaking population, although people of different nationalities live in them (krais, regions, cities of federal significance); territorial-state formations of an ethnic nature, created by small indigenous peoples.

Thus, the constitutional and legal status of the subjects of the Russian Federation provides them with ample opportunities to regulate the activities of citizens on their territory. In the legislature of the subjects, it is accepted big number laws in the field of state building, protection of human and civil rights and freedoms, development of the economy and entrepreneurship, social support for the population, culture.

Competence of the Russian Federation and its subjects

The concept of "subjects of jurisdiction" is used by the Constitution of the Russian Federation in two meanings. The first and main meaning is associated with the designation with the help of this category of issues within the jurisdiction of the Russian Federation and its subjects. Their list is enshrined in Chapter 3 of the Constitution of the Russian Federation - "Federal structure", and Articles 71 and 72 are devoted exclusively to this task. Currently, in legal science, the subjects of reference are analyzed in this aspect.

The competence of a state body is determined through its two elements: the subject of jurisdiction and powers. The competence of a state body is understood as the totality of its powers of authority in certain areas of jurisdiction. The effectiveness of the joint implementation of state power by the Federation and the subjects in the sphere of their joint jurisdiction largely depends on how the subjects of joint jurisdiction are structured and how they are enshrined in the legal system of a federal state.

This circumstance is associated, among other things, with issues of legal technique. All federative states face the problem of constitutional and legal registration of the sphere of joint jurisdiction. In the basic laws of foreign federations, both foreign and domestic researchers find a lot of shortcomings, offer ways to eliminate them, thereby contributing to the solution of this problem.

The problem of structuring and ways of constitutionally fixing the subjects of jurisdiction is also acute in the Russian Federation. From the point of view of legal technique, the text of Art. 71, 72 of the Constitution is not quite perfect. These articles refer to the subjects of the jurisdiction of the Federation and the subjects of joint jurisdiction of the sphere of public relations, in particular, the federal structure, foreign policy and international relations, foreign economic relations, defense and security. 10

The Constitution delimits branches of legislation as subjects of jurisdiction, in particular criminal, criminal procedure, penitentiary, civil, civil procedure, arbitration procedure, administrative, administrative procedure, labor, housing, family, land, water, forest legislation, legislation on subsoil and environmental protection. The lack of a unified approach in formulating the subjects of jurisdiction in the Constitution can be regarded as a lack of not only legal technique, but also its content. The delimitation of jurisdiction is a question of relations between the Federation and its subjects, and the question of the delimitation of competence and powers concerns the relationship between certain types of federal bodies and bodies of the subjects of the Federation. The essence of the jurisdiction of the Russian Federation and its subjects is derived from the functions of the state, which are understood as the main directions of its activity, expressing the essence and social purpose, goals and objectives of the state in managing society in its inherent forms and methods.

Thus, the functions of the state are expressed and concretized in the subjects of jurisdiction. For more successful implementation, they can be distributed between the state as a whole (the Federation) and its constituent parts (subjects of the Federation). One of the most difficult issues of state building arises - the optimal distribution of areas of activity of the subjects of jurisdiction of the Russian Federation and its subjects.

The problem of determining the competence of federal authorities is the most difficult in any federal state.. The Federation cannot have unlimited powers to govern the country, it is obliged to share these powers with the subjects of the Federation, without which state power cannot be democratic. The subjects of the Federation are interested in the existence of a strong federal government, endowed with broad powers to protect and ensure common interests. But at the same time, they do not want to lose their independence and have the right to decide only minor issues in the life of their population. This is an objective contradiction of any federation, forcing the authorities to carefully and optimally delineate the competence of the state bodies of the federation and its subjects.

The formula for solving this problem is to establish:

The exclusive competence of the federal authorities;

The joint competence of the authorities of the federation and its subjects;

The exclusive competence of the subjects of the federation.

Such a solution to the problem is typical for the USA, Germany. Australia and other federations.

In world practice, there are two ways of structuring the subjects of joint jurisdiction:

The subjects of the federation's jurisdiction and the subjects of joint jurisdiction of the federation and its subjects (Germany, Austria, Brazil, Pakistan, Nigeria) are fixed.

The subjects of the exclusive jurisdiction of the federation, the subjects of joint jurisdiction and the subjects of jurisdiction of the subjects of the federation (India, Malaysia, Russia) are determined.

Federal laws and laws adopted in accordance with them and other normative legal acts of the constituent entities of the Russian Federation are issued on subjects of joint jurisdiction of the Russian Federation and its constituent entities. In the absence of a federal law, the law of the subject of the Russian Federation shall apply. 11

Draft federal laws on subjects of joint jurisdiction, adopted by the State Duma in the first reading, are sent to the state authorities of the constituent entities of the Russian Federation for possible submission of proposals and comments within a month. Submitted proposals and comments are subject to mandatory consideration by the relevant committee of the State Duma and are accepted or rejected in the manner prescribed by the Regulations of the State Duma. The subjects of jurisdiction of the subjects of the Russian Federation are defined in the Constitution of the Russian Federation according to the residual principle, namely: in the Russian Federation, the jurisdiction of the subjects of the Russian Federation includes everything that is not assigned to the jurisdiction of the Federation and the joint jurisdiction of the Federation and its subjects. 12

In doing so, one should distinguish between:

subjects of jurisdiction of the subjects of the Federation;

subjects of exclusive jurisdiction of the subjects of the Federation.

The scope of jurisdiction of the subject of the Federation includes what it implements jointly with the Federation, as well as everything that is not within the jurisdiction of the Federation in accordance with Article 71 of the Constitution of the Russian Federation and under agreements between the Federation and its subjects.

Thus, we can conclude that the delimitation of powers of the Russian Federation and its subjects of the Russian Federation is the most important principle of the federal structure and Russian federalism.

FEATURES OF THE LEGAL STATUS OF CERTAIN TYPES OF SUBJECTS OF THE RUSSIAN FEDERATION

Classification of subjects of the Russian Federation

Article 5 of the Constitution of the Russian Federation includes a complete list of types of constituent entities of the Russian Federation, indicating the criteria for their legal personality; concretization of the foundations of the state structure of the Russian Federation (practically holistic consolidation of its federal status); the nature of the relationship of the federal government with all subjects of the federation.

The Constitution provides for 6 types of subjects, fixing their name in Art. 5: republic, krai, oblast, federal city, autonomous oblast, autonomous okrug. At the same time, all types of subjects of the federation can be integrated into more general groups and make up 3 types of subjects:

national state (republics within the Russian Federation);

administrative-territorial (territories, regions, cities of federal significance);

national-territorial (autonomous region and autonomous regions).

Thus, the current Constitution of the Russian Federation endowed administrative-territorial units of the highest level (krai, region), as well as cities of federal significance with the qualities of subjects of the Federation,

guaranteed all subjects real independence in the spheres of state and public life provided to them. 13

Part 1 of Article 65 of the Constitution of the Russian Federation fixes the specific numerical, specific and nominal composition of the constituent entities of the Russian Federation at the time of the adoption of this Constitution. There are 85 subjects in the Russian Federation, including 22 republics, 9 territories, 46 regions, 3 federal cities, 1 autonomous region and 4 autonomous regions. The species composition of the subjects of the federation is predetermined by Part 1 of Art. 5 of the Constitution. In a legal sense, this means that only formations of the established form can be members of the Russian Federation - a republic, a territory, a region, a city of federal significance, an autonomous region, an autonomous district.

The Constitution of the Russian Federation does not exclude the possibility of expanding the number of subjects of the Russian Federation through either integration into Russia of another state (in this case, this subject acquires the status of a republic, if an international treaty does not provide for granting the status of a region or territory to a new subject), or the formation of a new subject within it ( by merging the subjects of the Russian Federation, isolating independent entities from the subjects of the Russian Federation).

The subjects of the Russian Federation also differ in other characteristics - the level of development of the economy as a whole, the presence and development of individual industries and Agriculture, historical traditions, national culture of all or part of the population. However, as follows from the Constitution, these and other features do not affect the constitutional and legal status of the subject of the Russian Federation. Thus, the Classification of all subjects as state entities allows, on the one hand, to eliminate unfair gradations in the division of national subjects into unequal categories, on the other hand, to equate the former administrative-territorial units to them.

The Russian Federation includes 22 republics: the Republic of Adygea, the Republic of Altai, the Republic of Bashkortostan, the Republic of Buryatia, the Republic of Dagestan, the Republic of Ingushetia, the Kabardino-Balkarian Republic, the Republic of Kalmykia, the Karachay-Cherkess Republic, the Republic of Karelia, the Republic of Komi, the Republic of Mari El, the Republic of Mordovia, the Republic of Sakha (Yakutia), the Republic of North Ossetia-Alania, the Republic of Tatarstan (Tatarstan), the Republic of Tyva, the Udmurt Republic, the Republic of Khakassia, the Chechen Republic, Chuvash Republic- Chuvashia, Republic of Crimea.

Unlike other subjects of the Federation, republics are recognized as states. Power in these states is not sovereign, the republics are independent only within the framework established by the federal Constitution. The republics have no right to violate the state integrity of Russia, the unity of the system of state power. Their peoples freely exercised their right to self-determination, first creating autonomy, and then transforming it into a state that is part of the Russian Federation. This status can be changed only with the consent of the Russian Federation, by amending the Constitution of the Russian Federation or in accordance with federal constitutional law.

The Constitution of the Russian Federation does not provide for the right of the republics to secede from the Federation, which no other federation in the world does. The grounds for this are not only legal, but also ethical. The economy of the republics was created at the expense of the entire multinational people of Russia; it can only function successfully as an integral part of the entire economy of the country. Prior to the adoption of the Constitution of the Russian Federation in 1993, a number of republics - Tatarstan, Sakha (Yakutia), Bashkortostan, Tuva, etc. - enshrined in their constitutions the status of a sovereign state, a subject of international law. Tatarstan, without mentioning joining the Russian Federation, at the same time consolidated its position as a state "associated with the Russian Federation."

Each republic ensures its territorial integrity, and the borders of the republic, which are in the regime not of state, but of administrative borders, cannot be changed without its consent. The guarantee of the territorial status quo is the Russian Federation itself, which, however, does not always ensure a quick and effective resolution of territorial disputes. Such a dispute, for example, has not subsided for several years in relations between the Republic of North Ossetia-Alania and the Republic of Ingushetia. The territory of the republics can only be considered in connection with their stay within the Russian Federation. Nevertheless, it must be recognized that the territory assigned to them is the spatial limit of their power; the power of other subjects of the Federation cannot extend to this territory.

The claims of many republics to the priority (supremacy) of their laws over federal ones are also unjustified. The consolidation of such provisions in the constitutional acts of the republics contradicts the foundations of the constitutional order of the Russian Federation and leads to a weakening of the constitutional legality and protection of human rights. 14

The constitutions of the republics usually provide for their citizenship, without taking into account that citizenship in the Russian Federation is within the jurisdiction of the Federation. This citizenship simultaneously means the citizenship of the Russian Federation, but only the Russian Federation has the right to receive citizenship.

The republics independently approve their state symbols - coat of arms, flag, anthem, determine the capital. State symbols reflect the national and historical symbolism of the people. Republics have the right to establish their own honorary titles and state awards.

Features of the legal status of the autonomous region andautonomous regions

The Russian Federation includes one autonomous region (Jewish Autonomous Region) and four autonomous districts: Nenets, Khanty-Mansiysk, autonomous district - Yugra, Chukotsky, Yamalo-Nenets. “As for the autonomous region, its preservation is rather a tribute to tradition, since there is almost no Jewish population in it. In terms of the number and structure of the population, all districts are small and multinational. The largest share of the indigenous nationality is in the Nenets Autonomous Okrug. The Jewish Autonomous Region is directly included in the Russian Federation (by the Law of the Russian Federation of December 15, 1990, all autonomous regions were withdrawn from the territories and included directly in the Russian Federation).

The charter of the Jewish Autonomous Region in its fundamental provisions (the foundations of the constitutional system, the foundations of the legal status of the individual, etc.), with the corresponding changes in relation to the autonomous region, duplicates the provisions of the Constitution of the Russian Federation. It establishes the exclusive powers of the region (Article 13). These include: the adoption and amendment of the Charter and laws of the region, the administrative-territorial structure of the region, the establishment of state authorities in the region in accordance with the fundamentals of the constitutional system of the Russian Federation and the principles of organization of the representative and executive bodies of the Russian Federation established by federal law, the state property of the region, the regional budget , implementation of the regional state price policy in accordance with the basics of the pricing policy of the Russian Federation, regional programs for the economic, environmental, social, cultural development of the region, life support systems (transport, information, communications of the region), awards and honorary titles of the region, other powers that are outside the scope of of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the region. The charter of the autonomous region establishes the system of state authorities (legislative assembly, governor, government), the relationship between them. Legislative Assembly 2/3 of the votes may decide to dismiss the governor of the region, elected by citizens, for violations of the Constitution of the Russian Federation and the Charter of the region established by the court. Resolutions of the Legislative Assembly are sent to the Governor, who may, within three days, apply to the Legislative Assembly with a proposal to suspend their action, to cancel them, to amend them, and also to appeal in court. Draft laws of the region after each reading are submitted to the governor, whose amendments and conclusions are considered by the Assembly without fail. The governor heads the government. The charter of the autonomous region provides for its own symbols (coat of arms, flag), but its own anthem and capital are not provided. 15

Autonomous regions located in the north and northeast of the country have a vast territory with a small population.

The position of the autonomous regions is not the same. The law of 1990 gave them the right to independently resolve the issue, to remain in the territory, region or directly join the Federation as a subject. This right was exercised in 1992 by the Chukotka Autonomous Okrug, which seceded from the Magadan Region. The rest of the autonomous okrugs cannot now exercise this right unilaterally, since the Constitution of the Russian Federation of 1993 establishes that the boundaries between the subjects of the Russian Federation are changed only with their mutual consent (part 3 of article 67). Therefore, the attempt of the Nenets Autonomous Okrug in 1994 to secede from the Arkhangelsk Region (even the date of a referendum on this issue was set) did not materialize. Being, according to the Constitution of the Russian Federation, equal in rights with other subjects, the vast majority of autonomous okrugs are included in another subject of the Russian Federation.

The status of an autonomous okrug that is part of a krai or oblast may be changed in another way: by mutual agreement of the okrug and the oblast (krai) in accordance with the federal constitutional law. This follows from the general provisions of the Constitution on the procedure for changing the status of any subject of the Federation. The situation, however, is such that the krais (regions) are unlikely to agree to the withdrawal of autonomous okrugs from their composition and direct entry into the Russian Federation. Usually in autonomous regions with their small population there are rich natural resources (in particular, oil, gas). A significant share of revenues to the regional and regional budgets of the territory and region is received from the exploitation of natural resources (gas, oil, metals) in the autonomous regions. The okrugs do not want to share with the krai and oblast the finances they receive from natural resources. There are other reasons of a non-economic nature, including the unwillingness to obey the edge, region, the desire to demonstrate their independence as an equal (according to the Constitution) subject. Relations between autonomous okrugs that are part of a krai or oblast may be regulated by a federal law and an agreement between the state authorities of the autonomous okrug and the corresponding krai or oblast. In addition, the Constitution states that such a law may be, but need not be, enacted. Unlike other subjects, their relations with the krai and oblast can be regulated, firstly, by federal law. This seems to be a general law, not an individual one. No such federal law has been passed either.

Secondly, the relations of the autonomous okrugs included in the krai, region, can be regulated by agreements between the state authorities of the autonomous okrug and that edge, region, of which the autonomous okrug is a part. These are constitutional treaties. Such general agreements (contracts on the relationship of state authorities of the region or region with state authorities) were concluded in 1996 in the Irkutsk region in 1997, in the Tyumen region in 1997 a private agreement was concluded on the number of representatives of one of the autonomous districts in the regional Duma. According to the decision of the Constitutional Court of the Russian Federation of July 14, 1997, elections in autonomous regions should be held not only in their own legislative body, but also in the body of the territory, area, which includes the autonomous region.

The relationship of autonomous okrugs with regions, territories, are determined by the charters of the districts and regions (krais), of which they are part. The charter of the Irkutsk region of 1995 states that the Ust-Orda Buryat Autonomous Okrug is part of the Irkutsk region, which builds relations with it, including in accordance with the charter of the region. According to the Charter of the region, the district is guaranteed representation in the legislative assembly of the region (Article 6). Some statutes contain detailed chapters on relations between the autonomous okrug and the oblast or krai, which include okrugs. 16

Autonomous okrugs have the opportunity to independently resolve the issue of joining the Russian Federation directly and through another subject of the Federation (krai, region).

On this basis, for example, the Chukotka Autonomous Okrug in 1992 separated from the Magadan Region and directly became part of the Russian Federation. On the contrary, the Komi-Permyatsky Autonomous Okrug was merged in 2004 with the Perm Region, forming a new subject of the Russian Federation - the Perm Territory. On April 17, 2005, a referendum was held, which approved the unification of the Krasnoyarsk Territory with the Evenk and Taimyr Autonomous Okrugs.

The Constitution of the Russian Federation provides that on the proposal of the legislative and executive bodies of an autonomous region, an autonomous district, a federal law on an autonomous region, an autonomous district may be adopted. The adoption of such a law, therefore, is optional, it depends on the desire of the autonomy itself.

In 2003, amendments to 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” established that most of the powers in matters of joint jurisdiction are exercised by state authorities of the krai, region throughout the territory of the krai, region, including territory of the autonomous region. However, in matters of exclusive jurisdiction, powers are exercised by the district independently.

The Autonomous Oblast and Autonomous Okrugs are equally represented in the Federation Council of the Federal Assembly (two representatives from each Federation subject), and they also elect deputies to the State Duma. This provides them with representation in the legislative body of the Federation.

Features of the legal status of territories, regions, cities of federal significance

Now the Russian Federation includes 9 territories (Altai, Trans-Baikal, Krasnodar, Krasnoyarsk, Perm, Primorsky, Stavropol, Khabarovsk), 46 regions (Amur, Arkhangelsk, Astrakhan, Belgorod, Bryansk, Vladimir, Volgograd, Vologda, Voronezh, Ivanovo, Irkutsk , Kaliningrad, Kaluga, Kemerovo, Kirov, Kostroma, Kurgan, Kursk, Leningrad, Lipetsk, Magadan, Moscow, Murmansk, Nizhny Novgorod, Novgorod, Novosibirsk, Omsk, Orenburg, Oryol, Penza, Pskov, Rostov, Ryazan, Samara, Saratov, Sakhalin , Sverdlovsk, Smolensk, Tambov, Tver, Tomsk, Tula, Tyumen, Ulyanovsk, Chelyabinsk, Yaroslavl) and 3 federal cities - Moscow, St. Petersburg, Sevastopol. They are state-territorial formations, which, in accordance with the Constitution (Articles 5, 65), are given the status of subjects of the Russian Federation. 17

The status of territories, regions and cities of federal significance equated to them is determined by the Constitution of the Russian Federation, the Federal Treaty of March 31, 1992, which includes the Agreement on the delimitation of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of territories, regions, cities of federal significance ; other federal regulations.

As subjects of the Russian Federation, territories, regions and cities of federal significance have some constituent power. They have the right to adopt their charters, laws and other normative legal acts.

The charter establishes the constitutional and legal status of the territory, region, city of federal significance; organization of state power, the procedure for rule-making activities; administrative-territorial division and organization of local self-government.

Territories, regions, cities of federal significance have their own territory, which cannot be changed without their consent. The boundaries between them and other subjects of the Russian Federation can be changed with their consent. Each territory, region, city of federal significance forms bodies of representative, executive and judicial power, which operate on the basis of the Constitution of the Russian Federation, as well as the charters of the territory, region, city of federal significance.

Territories, regions, cities of federal significance have the right to have their own symbols. So, according to the Charter of the Irkutsk region, the region has its own coat of arms and flag, approved by the Assembly of the region. The procedure for using the official symbols of the region is determined by its law.

Territories, regions, cities of Moscow, St. Petersburg, Sevastopol are independent participants in international and foreign economic relations, agreements with other territories, regions, as well as republics, an autonomous region, autonomous regions, if this does not contradict the Constitution and laws of the Russian Federation. The coordination of international and foreign policy relations of the territories, regions, cities of Moscow and St. Petersburg, Sevastopol is carried out by the federal state authorities of the Russian Federation together with the authorities of the territories, regions, cities.

The status of a krai, oblast, city of federal significance may be changed only by mutual agreement of the Russian Federation and the corresponding krai, oblast, city of federal significance, in accordance with the federal constitutional law. Some charters of territories and regions establish the procedure for changing their status. So, according to the State Charter Krasnodar Territory(Article 16) depriving him of the status of a subject of the Russian Federation or giving him the status of another subject of the Russian Federation is possible only on the basis of the Constitution of the Russian Federation and the Federal Treaty, subject to the approval of the relevant decision at the regional referendum.

The Constitution of the Russian Federation ensures the participation of representatives of territories, regions, cities of federal significance in resolving issues within the competence of the Russian Federation. To do this, deputies to the State Duma are elected from the territories, regions and cities of federal significance and two representatives are included in the Federation Council: the head of the legislative (representative) and the head of the executive bodies of state power ex officio. Legislative (representative) authorities of territories, regions and cities of federal significance have the right of legislative initiative in the federal parliament. In addition, the legislative (representative) body and the administration of the territory, region, city of federal significance have the right to submit for consideration by the President and the Government of the Russian Federation draft acts, the adoption of which falls within the competence of the President and the Government.

According to the Constitution of the Russian Federation and the Federal Treaty, the joint responsibility of the Federation and territories, regions and cities of federal significance in the field of state building is to ensure the compliance of charters, laws and other regulatory legal acts of the territory, region, city of federal significance with the Constitution of the Russian Federation and federal laws; protection of human and civil rights and freedoms; protection of the rights of national minorities; ensuring the rule of law, law and order, public safety; border zone regime.

In the field of economic and socio-cultural construction, joint jurisdiction includes issues of ownership, use and disposal of land, subsoil, water and other natural resources; delimitation of state property; environmental protection and economic security; specially protected natural territories; establishment of general principles of taxation and fees in the Russian Federation. The issues of ownership, use and disposal of land, subsoil, water, forest and other natural resources are regulated by the Fundamentals of the Legislation of the Russian Federation and legal acts of the territories, regions, cities of Moscow, St. Petersburg, Sevastopol. The status of federal natural resources is determined by mutual agreement between the federal state authorities and the state authorities of the territories, regions, cities of Moscow, St. Petersburg, and Sevastopol. 18

According to the Constitution of the Russian Federation, federal laws are issued on the subjects of joint jurisdiction of the Federation and its subjects, in accordance with which the state authorities of the territories, regions, cities of Moscow, St. Petersburg, Sevastopol exercise their own legal regulation within their competence, adopting legal acts.

Bills on subjects of joint jurisdiction are sent to the territories, regions, cities for discussion and submission of their proposals.

All powers not related to the jurisdiction of the federal state authorities and to the joint jurisdiction of the federal state authorities and the state authorities of the territories, regions and cities of federal significance are exercised by the state authorities of the latter independently in accordance with the Constitution of the Russian Federation.

Certain features characterize the status of such a subject of the Russian Federation as Moscow, which is the capital of Russia. On April 15, 1993, the Law of the Russian Federation "On the status of the capital of the Russian Federation" was adopted. Government bodies of the city of Moscow in connection with the implementation of the functions of the capital: provide, in the manner prescribed by law, to the federal government bodies of the Russian Federation, representative offices of the republics of the Russian Federation, the autonomous region, autonomous districts, territories, regions, the city of St. Petersburg, diplomatic missions of foreign states in the Russian Federation land plots , buildings, structures, structures and premises, housing stock, housing and communal, transport and other services; provide the necessary conditions for holding national and international events; participate in the development and implementation of targeted federal programs for the development of the city of Moscow; coordinate the draft master plan for the development of the city of Moscow with the federal government bodies of the Russian Federation.

Moscow's expenses associated with the exercise of its functions as the capital are fully compensated by subventions from the republican budget of the Russian Federation, by payments for the services provided by the city, made by federal government bodies, representative offices of the republics within the Russian Federation, the autonomous region, autonomous districts, territories.

Autonomies in the Russian Federation

Autonomy - this is a form of national-cultural self-determination, which is a public association of citizens of the Russian Federation who identify themselves with certain ethnic communities, on the basis of their voluntary self-organization in order to independently resolve issues of preserving identity, developing language, education, national culture. National-cultural autonomies can be local (urban, district, settlement, rural), regional, federal. They are established respectively at general meetings, conferences and congresses, at which the bodies of internal administration of the autonomy are formed. Registration of national-cultural autonomy takes place in the justice authority in the manner prescribed by the legislation of the Russian Federation.

National-cultural autonomy has the right:

receive support from public authorities and local governments necessary for the preservation of national identity, the development of the national (native) language and national culture;

apply to the legislative (representative) and executive authorities, local self-government bodies, representing their national and cultural interests;

create mass media in the manner prescribed by the legislation of the Russian Federation, receive and disseminate information in the national (native) language;

preserve and enrich the historical and cultural heritage, have free access to national cultural values;

follow national traditions and customs, revive and develop artistic folk arts and crafts;

create educational and scientific institutions, cultural institutions and ensure their functioning in accordance with the legislation of the Russian Federation;

participate through their authorized representatives in the activities of international non-governmental organizations;

establish on the basis of legislation and maintain, without any discrimination, humanitarian contacts with citizens, public organizations of foreign states

Federal laws, constitutions (charters), laws of subjects of the Russian Federation may grant national-cultural autonomy other rights in the field of education and culture. Participation or non-participation in the activities of national-cultural autonomy cannot serve as a basis for restricting the rights of citizens of the Russian Federation, just as nationality cannot serve as a basis for limiting their participation or non-participation in the activities of national-cultural autonomy. 19

The Law clearly states that the right to national-cultural autonomy is not the right to national-territorial self-determination. The exercise of this right must not prejudice the interests of other ethnic communities.

CONCLUSION

The subject of the Russian Federation - a state (republic), a state formation (autonomous region, autonomous district) or a territorial formation (krai, region, city of federal significance) that is part of the Russian Federation.

The species composition of the subjects of the federation is predetermined by Part 1 of Art. 5 of the Constitution. In a legal sense, this means that only formations of the established form of a republic, territory, region, city of federal significance, autonomous region, autonomous district can be members of the Russian Federation.

The subjects of the exclusive jurisdiction of the subjects of the Russian Federation include the scope of those powers that are outside the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Federation and its subjects.

Unlike other subjects of the Federation, republics are recognized as states. However, the power in these states is not sovereign, the republics are independent only within the framework established by the federal Constitution. They have their own language, citizenship, award marks, etc.

Territories, regions and cities of federal significance have a certain constituent power. They have the right to adopt their charters, laws and other normative acts. They have their own territory, which cannot be changed without their consent.

Each region, region, Moscow, St. Petersburg, Sevastopol form legislative, executive and judicial authorities that operate on the basis of the Constitution of the Russian Federation, as well as the charters of the regions, regions, cities of federal significance, and also have the right to have their own symbols.

Autonomous okrugs have the opportunity to independently decide the issue of joining the Russian Federation, the Constitution of the Russian Federation provides that

on the proposal of the legislative and executive bodies of the autonomous region, autonomous district, a federal law on the autonomous region, autonomous district may be adopted.

Thus, in the course of considering specific tasks, we achieved the goal of the course work - we studied the federal structure of the Russian state, the features of the constitutional and legal status of the constituent entities of the Russian Federation, and the subjects of their jurisdiction.

BIBLIOGRAPHY

The Constitution of the Russian Federation of 1993 (with amendments and additions - M .: Izvestia, 1995. - 147 p.
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Federal Law "On the procedure for admission to the Russian Federation and the formation of a new subject of the Federation in its composition" of December 17, 2001//СЗ RF. - 2001. - No. 52 (Part 1). - Art. 4916.
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Federal Law No. 74-FZ of June 22, 1996 (as amended). Website www.consultant.ru
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Abdulatipov R.G. Federalology. - St. Petersburg: Peter, 2004. - 320 p.

Avtonomov A.S., Ivanov V.V. New in the constitutional law of Russia: treaties as sources of regulation of the association of subjects of the Russian Federation//State and law. - 2007. - No. 4.
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1 Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. - 6th ed., rev. and additional - M.: Norma, 2007.

2 Vladimirova V.V. - Actual problems of federalism: questions of theory and practice. Tutorial. GUU - M. 2004

4 Konyukhova I.A. Modern Russian federalism and world experience. Results of formation and development prospects. - M.: JSC Publishing House "Gorodets": Formula of law. 2004

5 Konyukhova I.A. Structure of the Russian Federation: current state and prospects for improvement//State and Law. - 2007

6 Kolesnikov E.V., Komkova G.N., Kulusheva M.A. Constitutional law of the Russian Federation. - M.: Higher education, 2008.

7 Abdulatipov R.G. Federalology. - St. Petersburg: Peter, 2004.

9 Umnova I.A. Fundamentals of modern Russian federalism. - M.: Norma, 2006.

10 The Constitution of the Russian Federation of 1993 (with amendments and additions - M .: Izvestia, 1995

11 Glushko P.P., Zinoviev A.V., Rolyashkova I.S. Textbook Constitutional law of Russia. Peter. 2005

13 The Constitution of the Russian Federation of 1993 (as amended and supplemented - M.: Izvestiya, 1995.

14 Avtonomov A.S., Ivanov V.V. New in the constitutional law of Russia: treaties as sources of regulation of the association of subjects of the Russian Federation//State and law. - 2007.

15 Umnova I.A. Fundamentals of modern Russian federalism. - M.: Norma, 2006

16 Glushko P.P., Zinoviev A.V., Rolyashkova I.S. Textbook Constitutional law of Russia. Peter. 2005

17 Lazarev V.V. Constitutional Law - M.: Lawyer, 2005.

18 Kokotov A.N., Kukushkin S.K. Constitutional Law of Russia - 2nd ed. - M.: NORMA, 2007.

19 Federal constitutional law of 12.07.2006. No. 2-FZ

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309.		Legal status of municipal employees	16.6KB
	The Federal Law On Municipal Service in the Russian Federation establishes the rights and obligations of municipal employees. The general rights of a municipal employee can be determined on the basis of the constitutional rights of a citizen of the Russian Federation and the current Russian legislation on the rights of citizens of the Russian Federation, including the Labor Code of the Russian Federation. A municipal employee has the right to: 1 familiarize himself with documents establishing his rights and obligations for a substituted position of a municipal service, criteria for assessing quality ...
4155.		Constitutional and legal status of the Prosecutor's Office of the Russian Federation	527.73KB
	The problems of constitutional and legal regulation of the activities of the Prosecutor's Office of Russia were considered by leading domestic researchers in a number of works. However, the study of scientific literature on the topic of the dissertation indicates that issues related to the constitutional and legal regulation of the activities of the prosecutor's office of the Russian Federation
6834.		Types and legal status of subjects of the Russian Federation	7.18KB
	Types and legal status of subjects of the Russian Federation. The Russian Federation is formed by a set of relatively independent territorial entities of the constituent entities of the Russian Federation. The limited legal capacity of the subjects of the Russian Federation means that they are independent only within the limits of their competence. In the Russian Federation, the following principles for the formation of the territory of the constituent entities of the Russian Federation apply ...

Due to the multiplicity and heterogeneity of the constituent entities of the Russian Federation, their individual types have a number of features that distinguish them from the bulk of the regions.

Republics within the Russian Federation. They act as states. This definition is used by both the federal Constitution and the republican constitutions. Hence the distinctive features that are characteristic only of this category of Russian regions.

Republics adopt constitutions, while the rest of the subjects adopt statutes. Moreover, the Constitution of the Russian Federation does not regulate the procedure for adopting republican constitutions, while other subjects must adopt their own charters through their legislative (representative) bodies (part 2 of article 66). Both republican constitutions and charters of other regions act as the basic laws of the respective subjects, which is why they are on the same level in terms of their functional purpose and legal force within their own legal systems.

Republics have the right to establish their own state languages.

Autonomous region, autonomous districts within the Russian Federation. Autonomies are national-state formations that are distinguished by a special national composition and way of life of the population. If the autonomous region was established as a universal form of autonomy applicable in any part of the federation (the Volga region, the North Caucasus, the Far East), then the autonomous okrug (until 1977 - the national okrug) was considered as a form of national statehood of small peoples and ethnic groups of the North, Siberia and Far East. In the context of the constitutional consolidation of the principle of equality of all subjects of the Federation, the preservation of the term “autonomous” in the name of these subjects does not seem logical.

Cities of federal significance within the Russian Federation. These cities occupy an enclave position, i.e. their territory is surrounded by the territory of another subject - the region (Moscow and Leningrad, as well as Sevastopol since 2014). The Constitution does not say anything about the relationship between these cities and their respective regions. It seems that, by analogy with the regions and their constituent autonomous districts, these relationships can be regulated by agreements, and, in case of emergency, also by federal laws, with the obligatory consideration of the interests of both parties.

The Russian Federation currently includes 21 republics, 6 territories, 49 regions and two cities of federal significance - Moscow and St. Petersburg, 10 autonomous regions, one autonomous region - Jewish

A republic within the Russian Federation is a democratic legal state created within the framework of the Russian Federation. According to the Constitution of the Russian Federation (Article 66), the status of a republic is determined by the federal Constitution and the constitution of the republic. Thus, it is the Constitution of the Russian Federation that establishes the constitutional and legal nature of the relationship between the Federation and its subjects - the republics within it.

The constitutional and legal status of a republic within the Russian Federation is characterized primarily by the fact that the republic is a state within the Federation, which has full state (legislative, executive, judicial) power on its territory, except for those powers that, in accordance with the Constitution of the Russian Federation, are administered by the federal government. The state power of the republic comes from its people, who have exercised their right to self-determination in the form of a state within the Russian Federation.

The constitutional and legal status of a republic within the Russian Federation is further characterized by the fact that each republic has its own territory. Thus, the Constitution of the Republic of Sakha (Yakutia) establishes that the territory of the Republic belongs to its multinational people and is the original land of the traditional settlement of its indigenous peoples. The limits of the territory of the republic are determined by the state border of the republic.

The constitutional and legal status of a republic within the Russian Federation is also characterized by the fact that each republic has its own constitutional and legal system, which includes the constitution of the republic, republican laws and other regulatory legal acts issued within its competence, treaties and agreements between the republic and the Russian Federation. Federation, with other subjects of the Russian Federation, as well as with foreign countries, acts on delegation of authority.

The republics within the Russian Federation independently determine the system of their state authorities in accordance with the fundamentals of the constitutional order, the general principles of organization of representative and executive bodies of state power in the Russian Federation and the legislation of the republic.

The constitutional and legal status of the republics within the Russian Federation is characterized by the presence of republican property. It includes the land, its subsoil, forests, waters, flora and fauna, other natural resources located on their territory, as well as historical and cultural monuments and other values of the national heritage. These facilities are used to meet the material and spiritual needs of the peoples of the republics.

According to the Constitution of the Russian Federation (Article 68), the republics have the right to establish their own state languages.

The republics within the Russian Federation have international legal personality. They have the right to act as participants in international relations and foreign economic relations, sign treaties and agreements with foreign states, open foreign representative offices, and participate in the activities of international organizations.

Finally, one of the elements of the constitutional and legal status of the republics is their right to state symbols, including the State Emblem, the State Flag and the State Anthem, as well as to the capital.

The status of territories, regions and equivalent cities of the federal values are determined by the Constitution of the Russian Federation (Chapter 3), the Federal Treaty of March 31, 1992, which includes the Treaty on the delimitation of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of the territories, regions, cities of Moscow and St. Petersburg Russian Federation; other federal regulations.

As subjects of the Russian Federation, territories, regions and cities of federal significance have a certain constituent power. They have the right to adopt their charters, laws and other normative legal acts.

Territories, regions, cities of federal significance have the right to have their own symbols.

Territories, regions, Moscow and St. Petersburg are independent participants in international and foreign economic relations, agreements with other territories, regions, as well as republics, an autonomous region, autonomous regions, if this does not contradict the Constitution and laws of the Russian Federation.

The status of a territory, region, city of federal significance may be changed only by mutual consent of the Russian Federation and the corresponding territory, region, city of federal significance, in accordance with the federal constitutional law.

Territories and regions have their own administrative centers.

The Constitution of the Russian Federation, the Federal Treaty and the statutes of the territories, regions and cities of federal significance determine the jurisdiction of the territories, regions and cities of federal significance. Subjects of jurisdiction are divided into subjects of joint jurisdiction of the Federation and its subjects - territories, regions and cities of federal significance - and subjects that are under the exclusive jurisdiction of territories, regions and cities of federal significance.

Autonomous region and autonomous regions possess elements of constituent power. This is manifested in their right to adopt their charters, laws and other normative legal acts.

Autonomous region, autonomous districts form legislative, executive and judicial authorities, which function on the basis of the Constitution of the Russian Federation, the Federal Treaty; charters of the autonomous region and autonomous districts.

The Autonomous Region and Autonomous Okrugs are independent participants in international and foreign economic relations, agreements with territories, regions, republics within the Russian Federation, Autonomous Region, Autonomous Okrugs in accordance with the Constitution and laws of the Russian Federation. The coordination of international and foreign economic relations of the autonomous region and autonomous districts is carried out by the federal government bodies of the Russian Federation.

The Constitution of the Russian Federation and the charters of the Autonomous Region and Autonomous Okrugs determine the jurisdiction of the Autonomous Region and Autonomous Okrugs. Some of them are subjects of joint jurisdiction of the Federation and the autonomies within it. These issues are resolved both by the federal authorities and by the authorities of the autonomous region and autonomous districts. Issues related to the conduct of the autonomies themselves and, therefore, are outside the jurisdiction and powers of the Russian Federation, are resolved by them themselves.

In the field of state building, the Russian Federation and the autonomies within it are jointly responsible for ensuring that the statutes, laws and other normative legal acts of the autonomous region and autonomous regions comply with the Constitution of the Russian Federation and federal laws; protection of human and civil rights and freedoms; protection of the rights of national minorities; ensuring the rule of law, law and order, public safety; border zone regime.

The joint jurisdiction of the Russian Federation and the autonomies in its composition includes a significant range of issues of legislative regulation. These are administrative, administrative-procedural, labor, family, housing, land, water, forestry legislation, legislation on subsoil, on environmental protection

As already noted, the Russian Federation includes: republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts. Although, according to the Constitution of the Russian Federation, they are all equal in rights, individual subjects still have non-principal features. Republic The specificity of the republics can be considered that they were created according to the national-territorial basis reflected in the name of most subjects - except for Dagestan, whose name is translated into Russian as "country of mountains", although Dagestan "bypasses" all other republics due to the diversity of the national composition. In addition, according to the Constitution of the Russian Federation, the republics are designated as states (part 2, article 5). However, we have already noted that in terms of sovereignty and the right to foreign policy relations, the name of the republic as a state does not give it any special rights and privileges. True, although under the Constitution of the Russian Federation the republics are legally equal with other subjects, certain consequences of their special position can be observed. Along with the fact that they are called states, this is manifested in the following points: the republics are put in first place in the list of subjects of the Russian Federation, enshrined in Art. 65 of the Constitution of the Russian Federation; they have a constitution as their main legal act, and other subjects have a charter (in fact, this is not so important, especially since some subjects in the title of their main act add “basic law *” to the word charter in brackets); the constitution of the republic can be adopted both by its legislative body and at a referendum of a subject, while the charter of another subject is accepted only by its legislative body; the republics have the right to establish their own state languages, which are used along with the state language of the Russian Federation; for other subjects such a category does not exist, although all peoples are guaranteed by the Constitution the preservation and use of their native languages. Territories, regions There are currently no between these subjects of the Russian Federation external difference , they are created and are part of the Russian Federation on a territorial basis. City of federal significance These cities - Moscow and St. Petersburg - have always had a special position, in Soviet times they were called cities of republican subordination. The specificity of Moscow lies in the fact that it performs several functions at once - it is the capital of the Russian Federation, its subject and the administrative center of the Moscow region. St. Petersburg is a constituent entity of the Russian Federation and at the same time the administrative center of the Leningrad Region. Autonomous Region At present, there is only one autonomous region in Russia - the Jewish Region. Until 1991, there were five autonomous regions and they were part of the region. Further, four autonomous regions were transformed into republics within the Russian Federation, and the remaining Jewish Autonomous Region became part of the Federation itself. The Autonomous Region does not have any peculiarities in its legal status. Nevertheless, they are not excluded in principle, and as a guarantee, in accordance with Part 3 of Art. 66 of the Constitution of the Russian Federation, on the proposal of the legislative and executive bodies of the autonomous region, a federal law on the autonomous region may be adopted. So far there is no such act. Autonomous Okrug This type of national-territorial units has existed since the 1930s. last century. Then they were called national districts. The name "autonomous okrugs" was first reflected in the Constitution of the USSR in 1977 and, accordingly, in the Constitution of the RSFSR in 1978. Autonomous okrugs were part of the territories and regions. Around the nature of the districts there are constantly disputes of various kinds. When they were still called national districts, the question was discussed: are these autonomous entities or administrative-territorial units. The first approach prevailed, and in the 1977 Constitution of the USSR these units are called autonomous okrugs. The question was also debatable: are the okrugs subjects of the RSFSR as a federation, especially since they were not directly part of the RSFSR, but were part of an administrative-territorial unit - a krai, an oblast. The federal treaty of 1992, which amended the Constitution of the RSFSR of 1978, and the Constitution of the Russian Federation of 1993 clearly indicated that the autonomous okrugs are subjects of the Russian Federation. One autonomous okrug - Chukotsky was withdrawn in 1992 from the Magadan region and is now included directly in the Russian Federation. The remaining nine autonomous okrugs continue to be part of the territory, regions - now subjects of the Russian Federation. There was even a design of the so-called complex or complex subjects of the Russian Federation - those that include autonomous regions. As a guarantee of the status of autonomous okrugs, the Constitution of the Russian Federation (Article 66) provided that, on the proposal of the legislative and executive bodies of an autonomous okrug, a federal law on an autonomous okrug could be adopted (no such law has yet been adopted). In addition, it is determined that the relations of the autonomous districts that are part of the region or region can be regulated by federal law and an agreement between the state authorities of the autonomous region and, accordingly, the state authorities of the region or region (such agreements are available). Nevertheless, in practice, a constitutional and legal conflict has arisen: if the territory, region and autonomous district are subjects of the Russian Federation, then they are equal in their status; if an autonomous okrug is part of a krai or oblast, it therefore occupies a subordinate position in relation to the krai or oblast. Friction began to arise between the authorities of some autonomous districts and regions. There were appeals to the Constitutional Court of the Russian Federation, but they did not help either - the Court suggested that the subjects look for ways of mutual understanding and compromise, reflect them in agreements on the basics of relations and cooperation. The prospects for resolving this conflict are seen in the unification of the relevant subjects into one (formally new) subject of the Russian Federation. Another option for resolving conflicts cannot be ruled out - the withdrawal of the Autonomous Okrug from the territory of the territory, region and its direct entry into the Russian Federation. True, although there is an example with the Chukotka Autonomous Okrug, this option is considered less promising in the political circles of the country.

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Subjects of the Russian Federation, their legal status

INTRODUCTION

CONCLUSION

BIBLIOGRAPHY

More on the topic 2. Features of certain types of subjects of the Russian Federation:

All about mobile technology

INTRODUCTION

CONCLUSION

BIBLIOGRAPHY

More on the topic 2. Features of certain types of subjects of the Russian Federation:

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