Delimitation of Jurisdiction and Powers of the Russian Federation and Its Federal Subjects: The Role of the Federal Subjects
https://doi.org/10.22394/2686-7834-2024-2-62-72
EDN: MPOVTK
Abstract
The article considers the problem of the role of the constituent entities of the Russian Federation in implementing the mechanism for division of jurisdictions and powers between the Russian Federation and its constituent entities. The author provides a general description of this differentiation mechanism and analyzes its evolution. Now, the division of powers takes place mainly through federal laws. However, the adoption of these laws is within the jurisdiction of the Russian Federation and is carried out through a special procedure — the legislative process. Therefore, the author evaluates the role of constituent entities in the division of jurisdictions and powers mechanism through their role in federal legislation. The author identifies the main problems and formulates a few promising proposals aimed at strengthening the role of the subjects of the Russian Federation and increasing the degree of consideration of their regional interests in the division of powers.
About the Author
I. N. KuznetsovRussian Federation
Igor N. Kuznetsov, Specialist of the Department for Population Public Services and Public Functions Performance Quality Assurance of the Ministry of Economic Development of the Russian Federation; student of the HSE University
Moscow
References
1. Avakyan, S. A. Constitutional law of Russia. Training course: text edition: in 2 vol. 6th revised and enlarged ed. Мoskow: Norma; INFRA-M, 2020 (In Russ.).
2. Avdeev, D. A. (2002) The role and purpose of the Federation Council in the public government system. Constitutional and Municipal Law. No. 8, pp. 41–46 (In Russ.).
3. Andrichenko, L. V., Chertkov, A. N. (2009) Interaction between State Duma and the Legislative Bodies of Subjects of the Federation in Russia. Journal of Russian Law. No. 2 (146), pp. 3–10 (In Russ.).
4. Bezrukov, A. V. (2005) Modernization of interaction forms between federal and regional legislators. State Power and Local Self-government. No. 1, pp. 18–21 (In Russ.).
5. Grankin, I. V. (2005) The role of the Constitution of the Russian Federation and federal legislation in determining the competence of legislative bodies of the constituent entities of the Russian Federation. State Power and Local Self-government. No. 10, pp. 3–9 (In Russ.).
6. Agreement as a legal value / V. R. Avkhadeev, V. S. Astashova, L. V. Andrichenko [et al.]. Moskow: Statut, 2018. 381 p. (In Russ.).
7. Kondrashev, A. A. (2010) The evolution of Russian federalism during legislative innovations of 2000–2008: doctrinal analysis and development prospects. Comparative Constitutional Review. No. 4 (77), pp. 16–35 (In Russ.).
8. Mikheeva, T. N. (2021) The State Council of the Russian Federation: History and modern times. State Power and Local Self-government. No. 4, pp. 51–55 (In Russ.).
9. Narutto, S. V. (2017) The unity and diversity of russian federalism. Actual Problems of Russian Law. No. 9 (82), pp. 56–67 (In Russ.).
10. Simonyan, G. R. (2006) Mechanism for ensuring the interests of the constituent entities of the Russian Federation in the activities of federal government bodies. Journal of Russian Law. No. 3 (111), pp. 44–52 (In Russ.).
11. Umnova, I. A. (1999). Joint jurisdiction of the Russian Federation and its subjects as a subject of constitutional regulation. Journal of Russian Law. No. 11, pp. 22–35 (In Russ.).
12. Channov, S. E. (2020) Division of powers for joint jurisdiction subjects in the context of the Russian Federation subjects budgetary security. The Bulletin of the Volga Region Institute of Administration. Vol. 20, No. 5, pp. 12–20 (In Russ.).
13. Chaplinskiy, A. V., Merkulenko, A. A. (2022) The sub-constitutional model of distribution of competence between the Russian Federation and its subjects: Centralization vs autonomy of regions. Journal of Russian Law. Vol. 26, No. 1, pp. 142–157 (In Russ.).
14. Chertkov, A. N. Commentary on the Federal Constitutional Law “On the procedure for admission to the Russian Federation and the formation within it of a new subject of the Russian Federation”: dated December 17. 2001. No. 6-FZK (as amended on October 31, 2005) (article-by-article). М.: Юстицинформ, 2006. 127 p. (In Russ.).
15. Chirkin, V. E. Statecraft: textbook. Revised and enlarged ed. Мoskow: Lawer, 2000. 384 p. (In Russ.).
16. Shahray, S. M. (2018) 25 years of the Constitution of the Russian Federation: implementation and development of constitutional models. Lex Russica. No. 11 (144), pp. 9–15 (In Russ.).
Review
For citations:
Kuznetsov I.N. Delimitation of Jurisdiction and Powers of the Russian Federation and Its Federal Subjects: The Role of the Federal Subjects. Theoretical and Applied Law. 2024;(2):62-72. (In Russ.) https://doi.org/10.22394/2686-7834-2024-2-62-72. EDN: MPOVTK