BBK 67 Право. Юридические науки
The article presents several conclusions, which boil down to the following: federalism is an intersectoral category that presupposes the definition of its content by prominent representatives of different branches of science, including legal; federalism in the narrow sense of the word must be considered as an essential feature of the Russian Federation, as a subject of international Law; it is necessary to recognize the Constitution of the Russian Federation of December 12, 1993 as a normative legal act on federalism of the Russian Federation; all other normative legal acts on federalism of the Russian Federation must not contradict the Constitution of the Russian Federation.
state, Russian Federation, legislation, normative legal act, Constitution of the Russian Federation, federal constitutional Law of the Russian Federation, federalism, federal structure, sovereignty, constituent entity of the Russian Federation
The subject of this article is the development of federalism in the Russian Federation (since 1991).
So, A.A. Sergeev considers federalism in connection with local self-government, moreover, as "institutions of Russian democracy." In addition, the same author studies "budget federalism". In other words, A.A. Sergeev understands federalism in the broadest sense of the word.
M.V. Gligich-Zolotareva, when correlating the concepts of "federation" and "federalism", concluded the following: "Federalism is complex and multifaceted and in each case has unique features."
N.M. Dobrynin defines "the phenomenon of federalism "as" the entire spectrum of phenomena and relations directly related to the federal form of government".
N.Yu. Molchakov devoted his research to "the theoretical and methodological aspects of the study of federalism as a principle of the territorial organization of public power" ("Obviously, the study of a modern territorial state requires new methodological approaches. First of all, by the fact that today it is becoming more and more difficult to describe new constitutional models of the territorial organization of public power in the categories traditional for the national constitutional and legal doctrine").
A.V. Butenko developed a "modern model of Russian federalism" ("The basis of the federation in Russia should be not the national-territorial, but the economic-territorial principle in the formation of the constituent entities of the Federation, which will ensure not only the economic self-sufficiency of the constituent entities of the Federation, but also the development of the economic potential of the state").
V.V. Goshulyak proposed a "constitutional model of Russian federalism": "The Russian Federation should be classified as a constitutional federation with a legislative delineation of powers built on the basis of a combination of national and territorial principles, with the latter dominating, to symmetric federations with a certain asymmetry in federal relations, to federations of a centralized type, where the right of peoples to self-determination within the territorial boundaries of the state is recognized and the right of the subjects of the federation to participate in international relations with the subjects of foreign states is granted".
The results of scientific research on federalism are taken into account in the legislation of the Russian Federation.
Normative legal acts with different legal force are adopted, which regulate the structure of state power, including taking into account federalism.
Initially, we turn to the normative legal act with the highest legal force in the Russian Federation: to the Constitution of the Russian Federation of December 12, 1993, which contains Chapter 3 "Federal structure" (Articles 65–79) ("1. The Russian Federation includes the constituent entities of the Russian Federation: ... " Art. 65).
The provisions of Chapter 3 of the Constitution of the Russian Federation on the federal structure of the Russian Federation are detailed in normative legal acts with less legal force.
So, in accordance with the Federal Constitutional Law of the Russian Federation "On the formation within the Russian Federation of a new subject of the Russian Federation as a result of the unification of the Kamchatka region and the Koryak Autonomous Okrug" (approved by the State Duma on June 30, 2006; approved by the Federation Council on July 7, 2006) "within the Russian Federation, a new constituent entity of the Russian Federation is formed as a result of the unification of two bordering constituent entities of the Russian Federation — the Kamchatka Region and the Koryak Autonomous Okrug".
Federal Constitutional Law of the Russian Federation "On the formation of a new constituent entity of the Russian Federation within the Russian Federation as a result of the unification of the Krasnoyarsk Territory, the Taimyr (Dolgano-Nenets) Autonomous Okrug and the Evenk Autonomous Okrug" (approved by the State Duma on September 22, 2005; approved by the Federation Council on October 5, 2005 d) "a new constituent entity of the Russian Federation is formed within the Russian Federation as a result of the merger of three bordering constituent entities of the Russian Federation — Krasnoyarsk Territory, Taimyr (Dolgano-Nenets) Autonomous Okrug and Evenki Autonomous Okrug".
Federal Constitutional Law of the Russian Federation "On the formation of a new subject of the Russian Federation within the Russian Federation as a result of the unification of the Chita region and the Aginsky Buryat Autonomous Okrug" (approved by the State Duma on July 5, 2007; approved by the Federation Council on July 11, 2007) "as part of the Russian Federation a new constituent entity of the Russian Federation is being formed as a result of the merger of two bordering constituent entities of the Russian Federation — the Chita Region and the Aginsky Buryat Autonomous Okrug".
The Federal Constitutional Law "On the Admission of the Republic of Crimea to the Russian Federation and the Formation of New Subjects within the Russian Federation — the Republic of Crimea and the Federal City of Sevastopol" (approved by the State Duma on March 20, 2014; approved by the Federation Council on March 21, 2014) "1. The Republic of Crimea is admitted to the Russian Federation ... ").
The Federal Constitutional Law of the Russian Federation "On the formation of a new subject of the Russian Federation within the Russian Federation as a result of the unification of the Perm Region and the Komi-Permyak Autonomous Okrug" (approved by the State Duma on March 19, 2004; approved by the Federation Council on March 24, 2004) "as part of the Russian A new constituent entity of the Russian Federation is being formed as a result of the unification of two bordering constituent entities of the Russian Federation — the Perm Region and the Komi-Permyak Autonomous Okrug".
The Federal Constitutional Law of the Russian Federation "On the formation within the Russian Federation of a new constituent entity of the Russian Federation as a result of the unification of the Irkutsk region and the Ust-Orda Buryat Autonomous Okrug" (approved by the State Duma on December 15, 2006; approved by the Federation Council on December 22, 2006) "as part of In the Russian Federation, a new subject is being formed as a result of the merger of two bordering subjects of the Russian Federation — the Irkutsk region and the Ust-Orda Buryat Autonomous Okrug".
It is also important to keep in mind the resolution of the State Duma of the Federal Assembly of the Russian Federation "On the draft Federal Law" On the principles of federalism in Russia "No. 1156-III GD dated February 15, 2001. True, this bill never acquired the legal force of a federal Law of the Russian Federation ("1. Reject the draft Federal Law" On the Principles of Federalism in Russia ", introduced by State Duma Deputy V. I. Varennikov").
Thus, despite a relatively short historical period (since 1991), federalism in the Russian Federation is changing significantly.
The foregoing allows us to express several judgments.
First, federalism is a cross-sectoral category that presupposes the definition of its content by prominent representatives of different branches of science, including legal.
Secondly, federalism in the narrow sense of the word must be considered as an essential feature of the Russian Federation, as a subject of international Law.
Thirdly, the Constitution of the Russian Federation of December 12, 1993 No.
Fourthly, all other normative legal acts on federalism of the Russian Federation must not contradict the Constitution of the Russian Federation.
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2. Gligich-Zolotareva M.V. The legal foundations of federalism. M.: Jurist, 2006. Pp. 11-24.
3. Dobrynin N.M. Russian federalism (genesis, evolution): Selected publications. In 2 volumes. Vol. 1. Novosibirsk: Nauka, 2008. P. 127.
4. Molchakov N.Yu. Federalism as a principle of the territorial organization of public power: theoretical and methodological aspects // State power and local government. 2019. No. 8. P. 3-7.
5. Butenko A.V. On the question of the modern model of Russian federalism // Constitutional and municipal Law. 2012. № 10. Pp. 25-29.
6. Goshulyak V.V. The constitutional model of Russian federalism in the perspective of the decisions of the Venice Commission // Constitutional and municipal Law. 2019. № 9. Pp. 36-40.
7. Sukhondyaeva T.Yu., Galuzo V.N. On the problems of federal structure, administrative-territorial and military-administrative division of the Russian Federation // Network electronic popular scientific journal of private and public Law. 2018. № 1. Pp. 83-89.
8. Batyuk V.I., Galuzo V.N. Law and Politics in the Russian Federation: Is Confusion Permissible? // Law and life. 2018. № 2. Pp. 43-56.
