How can the status be changed? The procedure for changing the status of subjects of the Russian Federation

1. The status of the republic is determined by the Constitution of the Russian Federation and the constitution of the republic.

2. Status of the region, region, city federal significance, autonomous region, autonomous district is determined by the Constitution of the Russian Federation and the charter of the territory, region, city of federal significance, autonomous region, autonomous district, adopted by the legislative (representative) body of the corresponding subject of the Russian Federation.

3. According to the proposal of legislative and executive bodies autonomous region, autonomous okrug, a federal law on an autonomous region, autonomous okrug may be adopted.

4. Relations between autonomous okrugs that are part of a territory or region can be regulated federal law and an agreement between the authorities state power Autonomous Okrug and, accordingly, government authorities of the region or region.

5. The status of a subject of the Russian Federation can be changed by mutual agreement of the Russian Federation and a constituent entity of the Russian Federation in accordance with federal constitutional law.

Commentary on Article 66 of the Constitution of the Russian Federation

1. The Constitution is based on the need to preserve historically established state unity, stability and constitutional law and order throughout the Russian Federation. At the same time, taking into account the established traditions and specifics of state legal regulation in this area, it allows for peculiarities in the constitutional and legal status individual subjects Russian Federation, associated with factors of historical, national and other nature. These features are reflected, in particular, in Art. 66. Recognition by the Constitution of the presence of peculiarities in the constitutional and legal status of individual subjects of the Russian Federation does not mean a violation of the principle of equality of the parts that make up the Federation, and even more so - the presence of a certain hierarchy in their statuses. The constitutional meaning of the concept “status of a subject of the Russian Federation” follows from system analysis provisions of the Basic Law, the most important of which are the norms formulated in Part 1 of Art. 5, where given structural characteristic Russian Federation as federal state: "The Russian Federation consists of republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts - equal subjects of the Russian Federation."

Features of various subjects of the Russian Federation, reflected in their constitutional and legal status, as well as obvious inequality various parts Federations based on the level of their socio-economic development, size of territory, population and other historically established conditions do not mean that the Federation in our country is asymmetrical in nature, since the “symmetry” of the Federation is determined constitutional principle equality of rights of all subjects of the Russian Federation among themselves and in relations with federal government bodies (see commentary to Part 4 of Article 5). Differing in fact, the subjects of the Russian Federation in constitutionally, in essence, are the same. The concept of “subject of the Russian Federation,” applied by the Constitution to all parts of the Federation without exception, emphasizes their commonality and draws attention to the fact that while maintaining the previous state-legal forms, they acquired a new quality, becoming equal subjects of the Russian Federation.

The subjects of the Russian Federation acquired their status in force federal constitution, and not one’s own expression of will in the manner of a contract (see paragraph 4, clause 2.1 of the motivational part of the Resolution of the Constitutional Court of the Russian Federation dated 06/07/2000 N 10-P). All subjects of the Russian Federation are inseparable components Russia and do not have the right of secession, i.e. the right to secede from the Russian Federation. All subjects of the Federation have equal rights and responsibilities as constituent parts of a federal state. In particular, subjects are equal in their rights to have a constitution or charter, own organs state power, legislation, its territory, representation in the Federation Council, etc. (Article 66).

All subjects of the Russian Federation independently form bodies of state power (Part 1 of Article 77) and have on their territory the full extent of state power beyond the jurisdiction and powers of the Russian Federation and the powers of the Russian Federation in the subjects joint management(v. 73). The principle of territorial integrity applies equally to all subjects of the Federation. The boundaries between subjects can be changed only with their mutual consent (Part 3 of Article 67), and such a change is approved by federal level- by the Federation Council (clause “a”, part 1, article 102). All subjects of the Russian Federation equally have the right to conclude intrafederal agreements, including on the delimitation of jurisdiction and powers with federal government bodies (Part 3 of Article 11), as well as to participate in international foreign economic relations in the manner established by the relevant federal law. Exemptions from such uniform rules established for individual subjects and not based on legal and factual grounds, do not answer constitutional requirement on equality of subjects of the Russian Federation.

Part 1 of the commented article establishes what legal acts determine the status of the republic as a subject of the Russian Federation. As for all other subjects of the Federation, the fundamental elements of the status of a republic are enshrined in the Constitution. The status of a republic is specified in its constitution. The Constitution of the republic as a subject of the Russian Federation is a holistic, single act, having the highest legal force in the system of legal acts of the subject. The Constitution of the republic has the same legal force as the charter of the territory, region, federal city, autonomous region, autonomous district.

In the early 90s of the twentieth century. During the so-called “parade of sovereignties,” many republics enshrined in their constitutions the provision of state sovereignty, claiming special status within the Russian Federation. Based on misconceptions about nature Russian federalism, some republics included in the texts of their constitutions provisions leading to a revision of the jurisdiction and powers of the Federation, and also in a number of cases secured the supremacy of their laws over federal legislation. The Constitutional Court of the Russian Federation, in Resolution No. 10-P dated 06/07/2000, explained the illegality of raising the question of the sovereignty of the republics and indicated that all legal acts adopted in the Russian Federation, including the constitutions of the republics, should not contradict the Constitution. In particular, the Constitutional Court showed that, within the meaning of the preamble, Art. 3-5, part 1 art. 15, part 1 art. 65, art. 66 and paragraph "b" of Art. 71 of the Constitution in their interrelation, republics as subjects of the Russian Federation do not have the status sovereign state and they cannot resolve this issue otherwise in their constitutions, and therefore do not have the right to endow themselves with the properties of a sovereign state, even if their sovereignty would be recognized as limited. However, the provisions on sovereignty limited by limits exclusive jurisdiction republics are still preserved in the constitutions of a number of republics (for example, the Chechen Republic) * (744).

2. Part 2 of the commented article indicates that the status of the territory, region, city of federal significance, autonomous region and autonomous district is also established by the Constitution, and is specified in the relevant charters.

The charters of the subjects of the Federation, like the constitutions of the republics, occupy a special, namely the highest place in the hierarchy of normative acts of the subject of the Federation; they have the highest legal force in relation to others legal acts subject (Resolution of the Constitutional Court of the Russian Federation dated 01.02.1996 N 3-P “On the case of verifying the constitutionality of a number of provisions of the Charter - the Basic Law of the Chita Region” * (745)). Charters determine the organization of the subjects of the Russian Federation and form the basis of legislation and other law-making on issues of their exclusive jurisdiction. As for the joint jurisdiction of the Russian Federation and its constituent entities, the charters of the constituent entities serve as the basis for their legislation on these issues, along with federal laws, without prejudice to the supremacy of the latter.

Charters, like the constitutions of the constituent entities of the Russian Federation, have a special legal nature, as evidenced by the complicated, in comparison with the usual laws of the subject, the procedure for their adoption, as well as making changes and additions, the presence special procedures checks for compliance with the Constitution (see commentary to Part 2 of Article 5). Like all legal acts of the constituent entities of the Russian Federation, the charters of a territory, region, federal city, autonomous region, autonomous region must not contradict the principle of the supremacy of the Constitution of the Russian Federation and are subject to application only to the extent that does not contradict the Basic Law.

3. Part 3 of the commented article establishes additional features to determine the status of an autonomous region, autonomous okrugs. If necessary autonomous region, autonomous okrugs has the right to initiate the adoption of a special federal law specifying the specific features of the status of the relevant subjects of the Russian Federation. To date, this possibility has not been realized.

4. Provisions of Part 4 of Art. 66 establish mechanisms for regulating relations between government bodies of the constituent entities of the Russian Federation, which are parts of the so-called “complex” entities. It applies to relations involving all autonomous okrugs, with the exception of the Chukotka Autonomous Okrug, which withdrew from the Magadan region(RF Law of June 17, 1992 N 3056-1 “On the direct entry of the Chukotka Autonomous Okrug into the Russian Federation” * (746)). Since the Constitution does not directly explain the provision on “entry”, in practice in the mid-90s of the twentieth century. Various conflicts arose between government bodies of “complex” constituent entities of the Russian Federation in understanding this provision and its legal consequences.

The Constitutional Court of the Russian Federation put an end to the discussions, which adopted special resolution on the interpretation of Part 4 of Art. 66 of the Constitution of the Russian Federation (see Resolution of the Constitutional Court of the Russian Federation of July 14, 1997 N 12-P “On the case of the interpretation of the provision contained in Part 4 of Article 66 of the Constitution of the Russian Federation on the inclusion of an autonomous okrug in the composition of a territory or region” * (747)). The court indicated that this norm is of a stating nature and therefore the use of the term “incoming” means recognition by the Constitution of the provision that existed before its entry into force, according to which autonomous okrugs that have not formalized the change in their status are still part of the corresponding territory or region. However, along with continuity, the Constitution provides for a number of significant changes in the regulation of federal relations. She proclaims as one of the foundations constitutional order equality of all subjects of the Federation, including the territory, region and autonomous district. At the same time, the principle of equality dominates the status of a subject of the Federation, which is reflected in parts 1 and 4 of Art. 5, part 2 art. 72, part 4 art. 76 of the Constitution. However, the principle of equality of the subjects of the Federation does not exclude the inclusion of an autonomous okrug into the territory or region.

The entry of the Autonomous Okrug into the territory, region and within the meaning of Part 4 of Art. 66 means such a constitutional and legal state in which autonomous region, being an equal subject of the Russian Federation, at the same time forms part of another subject of the Russian Federation - a territory or region. This state determines the characteristics of the status of both the autonomous district and the region, the region of which it is a part. Their relationships differ from their relations with other constituent entities of the Russian Federation: “entry” predetermines the obligation of public authorities of both entities to ensure the preservation of territorial integrity and unity in the interests of the population of the region or region. The entry of an autonomous okrug into the territory, region does not change their constitutional and legal nature as subjects of the Russian Federation and does not mean that the autonomous okrug loses elements of its status - territory, population, system government agencies, charter, legislation, etc. “Entry” does not detract from the status of the autonomous okrug as an equal subject of the Russian Federation, since it has the right, at its own discretion, to dispose of the scope of powers that are granted to it by the Constitution.

Equality and independence of the Autonomous Okrug in relation to its territory and scope of powers are ensured, along with other constitutional guarantees, the fact that in order to change its status in accordance with Part 5 of Art. 66 of the Constitution does not require the consent or prior permission of the territory or region. The entry of an autonomous okrug into the territory, region means the presence of a single territory and population at the edge, region, the constituent parts of which are the territory and population of the autonomous okrug, as well as government bodies whose powers extend to the territory of autonomous okrugs in cases and within the limits provided for by the federal government. law, charters of the relevant constituent entities of the Russian Federation and agreements between their public authorities.

Outside the jurisdiction of the Russian Federation and its powers on subjects of joint jurisdiction, a territory, region, autonomous district, as independent and equal subjects of the Federation, have full state power. They have the right to delegate the exercise of part of their powers to each other for on a voluntary basis, under an agreement between the relevant government authorities or in another form, including through the adoption of a law of the territory, region or autonomous district. In the sphere of joint jurisdiction of the Russian Federation and its subjects, the powers of the state authorities of the territory, region on the territory of the autonomous region are exercised within the framework defined by federal law and agreements between the relevant state authorities, which are obliged to take all measures to achieve agreement.

The Law on the Procedure for Adoption in the Russian Federation provided additional legal options to solve various kinds practical issues related to the “entry” of autonomous okrugs into the territories and regions. Based on the voluntary unification of a number of autonomous districts, territories and regions, five new subjects of the Russian Federation were created - Perm region, Krasnoyarsk region, Kamchatka region, Irkutsk region And Transbaikal region(see commentary to Article 65).

5. All subjects of the Russian Federation equally have constitutional guarantees of their status. According to Part 5 of Art. 66, the status of a subject of the Russian Federation can be changed only by mutual consent of the Russian Federation and its subject in accordance with the federal constitutional law. Mutual consent of the Russian Federation and the subject of the Federation means the achievement of a common position on the issue of changing the status of the subject and is expressed through the adoption of regulatory legal acts of government bodies of the Russian Federation and its subjects. The consent of the subject can be expressed in various forms- both in the form of a regional referendum, and in the form of a law of a subject of the Federation, adopted by a legislative (representative) body, which, being elected by the population of the region, is an exponent of its will.

Establishing the basic principles of changing the status of a subject of the Russian Federation, the norm of Part 5 of Art. 66 does not contain direct instructions what exactly should be understood by this change. In the practice of federal construction, situations arose when subjects of the Russian Federation came up with initiatives to change their status by “increasing” it or granting a “special” position within the Russian Federation. This formulation of the question was based on reading parts 1 and 2 of the commented article without a systematic connection with the rest of the provisions of the Constitution and the incorrect assumption that the presence of features in the constitutional and legal status various types subjects of the Russian Federation means their different constitutional “values,” with the status of a republic considered the most significant, and the status of an autonomous okrug the least valuable. However, as noted above, in the Constitution there is no hierarchical subordination between the subjects of the Federation; they are equal in rights among themselves and in relations with the federal government authorities. Differences in the names of types (forms) of subjects reflect only historical continuity and are no longer associated with differences in legal status.

Changing the status of a subject of the Russian Federation does not mean the creation of a new or abolition existing entity. From this point of view, the practice of voluntary unification of several subjects into one new one is also not a change in the status of a subject of the Russian Federation, since during the merger, the subjectivity of autonomous okrugs is voluntarily canceled and the jurisdiction of the state authorities of the territories and regions, of which they were previously included, is extended to their territory (see .commentary to part 4 of article 66). A change in the status of a subject of the Federation should be understood as the normative consolidation of the features established by mutual agreement of the Russian Federation and its subject in the elements of the general constitutional status specific subject. We may be talking about the specifics of implementation on the territory of a constituent entity of the Russian Federation. general principles organization of government bodies of the subject and local government; on fixing certain regional differences from the general principles of relations between government bodies of the constituent entities of the Russian Federation and the Federation (for example, in relation to government regulation budgetary and financial economic sphere region); on the establishment of certain exceptions in the powers of state authorities of a constituent entity of the Russian Federation, etc.

It is obvious that changes to the status of a subject of the Russian Federation must be based on compelling reasons. objective reasons and cannot lead to a violation of the foundations of the constitutional order established in. Since a change in the status of a subject of the Russian Federation in a certain sense leads to the consolidation of the differences between a particular subject and general norm, it is carried out only through the adoption of a special federal constitutional law, but it does not and cannot have the nature of a change (amendment) to the Constitution. Using the form of a federal constitutional law to consolidate changes in the status of a constituent entity of the Russian Federation allows us to thereby avoid contradictions with federal laws that establish general principles for the organization of power and local self-government in the constituent entities of the Russian Federation.

The status of a territory, region, federal city, autonomous region, autonomous district is determined by the Constitution of the Russian Federation and the charter of the region, region, federal city, autonomous region, autonomous district, adopted by the legislative (representative) body of the corresponding subject of the Russian Federation.
Upon the proposal of the legislative and executive bodies of an autonomous region, an autonomous okrug, a federal law on an autonomous region, an autonomous okrug may be adopted.
Relations between autonomous okrugs that are part of a territory or region may be regulated by federal law and an agreement between the state authorities of the autonomous region and, accordingly, the state authorities of the territory or region.
The status of a subject of the Russian Federation can be changed by mutual consent of the Russian Federation and the subject of the Russian Federation in accordance with federal constitutional law.

Comm. Andrichenko L.V.

In accordance with this article, the main provisions relating to status, i.e. legal status subject of the Russian Federation are determined by the Constitution of the Russian Federation. Along with this, all subjects of the Russian Federation have elements of constituent power. This means that each subject of the Federation has the right to resolve issues of its own internal organization and for this purpose accept regulations regulating its status. Thus, the status of a republic is determined not only by the Constitution of the Russian Federation, but also by the constitution of the republic itself. The status of other subjects of the Federation is determined similarly - territories, regions, federal cities, autonomous regions, autonomous okrugs - with the only difference that, along with the Constitution of the Russian Federation, it is determined by the charter of the corresponding subject, adopted by its legislative (representative) body. It should be noted that the preparation and adoption of such charters is a new phenomenon in constitutional development, federal structure and development of statehood of the Russian Federation.
Thus, both the charters and the constitutions of the subjects have the same purpose. The role of the charter is similar to the role of the constitution in a republic - both regulate similar types of legal relations.
Moreover, both documents are subject to the same state legal protection, based on the equality of subjects in their relations with federal government bodies (see commentary to Article 5 of the Constitution).
From the content of the commented article it follows that a subject of the Russian Federation cannot unilaterally change your status. Constitutions of republics and charters of other entities, being part of legal system of the Russian Federation cannot contradict its Constitution, which has a leading place in determining the status of subjects. At the same time, in their basic laws (constitutions and charters), the subjects of the Federation, naturally, can and should take into account their specific features, including the specific features of their territory and the population living on them, including the features of its national composition.
Based on the already mentioned method of determining the status of a subject of the Russian Federation, the Constitution provided for the possibility of regulating the status of an autonomous region and autonomous okrugs also by adopting the corresponding federal law on an autonomous region, an autonomous okrug (the Constitution). Such laws can be adopted in relation to each of these entities upon the proposal of their legislative and executive bodies. At the same time, it is possible to adopt a unified federal law on autonomous okrugs.
The autonomous region is part of the Russian Federation. Of the 10 autonomous okrugs, 9 are currently part of the territories and regions. The Russian Federation now directly includes only the Chukotka Autonomous Okrug, which withdrew from the Magadan Region in accordance with the Law of the Russian Federation of June 17, 1992. “On the direct entry of the Chukotka Autonomous Okrug into the Russian Federation.”
Relations between territories, regions and autonomous okrugs are built on the basis of cooperation and can be regulated by the charters of the relevant entities and agreements between the state authorities of the autonomous region and the state authorities of the territory or region. These agreements, along with other issues, may establish the delegation of part of the powers of state authorities of autonomous districts to state authorities of the territory or region. In addition, the relationships between territories, regions and autonomous okrugs, according to the Constitution, can also be regulated by the relevant federal law. So far such a law has not been adopted. However, the need for its adoption is beyond doubt, given the peculiarities of the nature of the relationships between these subjects. Among critical issues that require regulation in this law, the principles of delimitation of property located on the territory of these subjects and the powers to manage them; the procedure for resolving disputes and protecting the interests of each of these types of subjects of the Russian Federation. The subject of regulation of this law should also include the definition of the basic requirements for contracts between government authorities of the autonomous district and, accordingly, the territory, region, the procedure for their conclusion, registration and termination.
The Constitution of the Russian Federation enshrines the possibility of changing the status of a subject of the Russian Federation by mutual consent of the Russian Federation and its subject.
Transformation of the constitutional and legal status of a subject, for example, a region into a republic or vice versa, can, in principle, lead to its renaming. But a change in the status of a subject of the Federation is apparently possible within the same name of the subject, for example, when an autonomous okrug leaves the territory or region. Regulation of changes in the status of a subject of the Russian Federation should be carried out on the basis of federal constitutional law. Its adoption is provided for by the Constitution of the Russian Federation. In this act, we believe, it is necessary to formulate the grounds for raising the issue of a subject of the Federation changing its status and the procedure for considering relevant issues. It should provide: mandatory preliminary decision this issue subject of the Federation; the possibility of holding a regional consultative referendum; procedure for consideration in federal parliament; methods for resolving disagreements and the procedure for appealing to the Constitutional Court of the Russian Federation in case of refusal positive decision question.

1. Types of subjects of the Russian Federation, features of their constitutional and legal status.

2. Problems of implementing the principle of equality of subjects of the Russian Federation.

3. Features of the legal status individual species subjects.

4. Administrative-territorial structure of the constituent entities of the Russian Federation. Types of administrative-territorial units.

Report: The right of secession in constitutional law.

Self-study assignment:

1. How do you evaluate the idea of ​​​​transforming the Russian Federation into unitary state?

2. What are the problems of equality of subjects of the Russian Federation and what is the asymmetry of the Russian Federation?

3. Is it possible to talk about the sovereignty of the constituent entities of the Russian Federation? What is the position Constitutional Court in this matter?

4. How can it be status changed subjects of the Russian Federation?

5. What is the difference between a change in status and a change in the name of a subject of the Russian Federation?

6. Can subjects of the Russian Federation secede from Russia?

Tests:

1. In accordance with Art. 72 of the Constitution of the Russian Federation, issues are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation...

a) activities in space

b) environmental management

c) war and peace

d) amnesty and pardons

2. In accordance with Art. 71 of the Constitution of the Russian Federation, the jurisdiction of the Russian Federation includes issues...

b) security environment and provision environmental safety

c) federal civil service

3. The Constitution of the Russian Federation __________ powers of the constituent entities of the Russian Federation.

a) does not list

b) lists

c) secures

d) explains

4. In accordance with Art. 72 of the Constitution of the Russian Federation, legislation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation...

a) criminal-executive

b) civil

c) arbitration procedural

d) about the subsoil

5. In accordance with Art. 71 of the Constitution of the Russian Federation, the jurisdiction of the Russian Federation includes issues...

a) mode border zones

b) legal profession and notary office

c) federal budget

d) protection of family, motherhood, paternity and childhood

6. In accordance with Art. 72 of the Constitution of the Russian Federation, issues are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation...

a) federal structure and territory of the Russian Federation

b) ensuring law and order, public safety

c) citizenship in the Russian Federation

d) money issue

7. The principles of the federal structure of the Russian Federation include the principle ...

a) equality of subjects of the Russian Federation

b) inequal rights of the subjects of the Russian Federation

c) state fragmentation

d) lack of unity in the system of government bodies

8. In accordance with Art. 71 of the Constitution of the Russian Federation, the subjects of jurisdiction of the Russian Federation include...

a) administrative procedural law

b) administrative law

V) labor law

d) criminal procedure law

9. In accordance with federal legislation, the structure of executive bodies of state power of a constituent entity of the Russian Federation is determined ...

a) federal law

b) legislative (representative) body of state power of a constituent entity of the Russian Federation

c) the highest official of a constituent entity of the Russian Federation

d) by decree of the President of the Russian Federation

10. Changing the borders between the constituent entities of the Russian Federation...

a) allowed

b) not allowed

c) allowed only under conditions state of emergency

d) carried out on the basis of a decree of the President of the Russian Federation

11. In accordance with Art. 72 of the Constitution of the Russian Federation, issues are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation...

a) establishing a system federal bodies legislative, executive and judiciary

b) customs regulation

c) federal conflict of laws

d) administrative and administrative procedural legislation

12. In accordance with Art. 71 of the Constitution of the Russian Federation, issues are exclusively within the jurisdiction of the Russian Federation...

c) adoption and amendment of the Constitution of the Russian Federation and federal laws, monitoring their compliance

d) establishing general principles for organizing the system of state authorities and local self-government

13. In accordance with Art. 71 of the Constitution of the Russian Federation, the subjects of jurisdiction of the Russian Federation include...

a) upbringing, education, science, physical culture and sports

b) protection of the original habitat and traditional way of life of small ethnic communities

c) establishing general principles for organizing the system of state authorities and local self-government

G) legal regulation intellectual property

14. To the characteristics of a federation as a form government structure does not include such a sign as...

a) the right of a subject of the federation to independently secede from the federation

b) upbringing, education, science, physical culture and sports

c) protection of the original habitat and traditional way of life of small ethnic communities

d) all answers are correct

15. To the subjects of jurisdiction of the Russian Federation, enshrined in Art. 71 of the Constitution of the Russian Federation, refers...

a) protection of human and civil rights and freedoms

b) federal structure

c) environmental protection and ensuring environmental safety

d) establishing general principles of taxation and fees in the Russian Federation

16. On the basis of the agreement, a federal state was created as ...

a) RSFSR in 1918

b) USSR in 1922

c) Russia in 1992

d) Russia in 1993

17. The division of jurisdiction and powers between government bodies of the Russian Federation and government bodies of its subjects is carried out by the _________ of the Russian Federation.

a) the Constitution

b) Federal law

c) Federal constitutional law

d) By Decree of the President of the Russian Federation

18. According to federal legislation higher official subject of the Russian Federation...

a) appointed by the President of the Russian Federation

b) approved by referendum

c) elected by citizens of the Russian Federation living in the territory of this subject Russian Federation

d) all answers are correct

19. The essence of the Federal Agreement, signed on March 31, 1992, was the delimitation of jurisdiction and powers between ...

a) state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation

b) government bodies of the Russian Federation and local government bodies

c) government bodies of the constituent entities of the Russian Federation and local government bodies

d) all answers are correct

20. The status of the republic is determined by the Constitution of the Russian Federation and the __________ republic.

21. __________, as subjects of the Russian Federation, are allowed to have their own state language.

22. The status of the autonomous region is determined by the Constitution of the Russian Federation and the __________ autonomous region.

23. The basic law of the republics within the Russian Federation is called _________

24. The basic law of a federal city within the Russian Federation is called _________

The possibility of changing the status of a subject of the Russian Federation is directly provided for by the Constitution of the Russian Federation. It is established that the status of a subject of the Russian Federation can be changed by mutual consent of the Russian Federation and its subject in accordance with the federal constitutional law (Part 5 of Article 66).

According to the above constitutional provision unilateral change status of a subject of the Russian Federation is not allowed. The conditions, forms of approval, participants in approval and the procedure for making appropriate decisions on changing the status of a subject of the Russian Federation must be determined by the federal constitutional law on changing the constitutional and legal status of a subject of the Russian Federation. If the requirements stipulated by this law for changing the status of a subject of the Russian Federation are met, a specific federal constitutional law must be adopted on changing the status of this subject of the Russian Federation (Part 1 of Article 137 of the Constitution of the Russian Federation).

The federal constitutional law, in accordance with which the status of a subject of the Russian Federation can be changed, has not yet been adopted. Therefore, the right granted by the Constitution of the Russian Federation is currently not feasible. The need to develop a federal constitutional law on changing the status of a subject of the Russian Federation is not recognized as politically pressing. However, such work must be carried out, and legislative design the corresponding institution cannot last for decades. Since in in this case we're talking about about implementation constitutional powers subjects of the Russian Federation and Russia as a federal state.

When preparing a federal constitutional law on changing the status of a constituent entity of the Russian Federation, the state legal practice of Russia and foreign experience can be taken into account.

For example, in the RSFSR, the status of its subjects changed by changing their state-legal form. Thus, a Soviet autonomous republic within the RSFSR could be transformed into a republic within USSR("upgraded in status") and vice versa - a union republic within the USSR could be transformed into an autonomous republic within the RSFSR ("downgraded in status").

Along with this, there was rich experience in transforming autonomous regions Soviet Russia to Soviet autonomous republics(“increase in status”). Since the union republics in the USSR and autonomous entities within the RSFSR (republics, regions, districts) did not have the same status, insofar as the change in their state-legal form meant not only a significant expansion (or narrowing) of their political rights, but also the essence of their relationship with the federal center.

IN modern Russia theoretically possible change the state-legal form of a subject of the Russian Federation does not lead to a transformation of the main parameters of its status. In this case, the content of only its individual components changes (loss or acquisition individual rights and responsibilities).

In particular, the hypothetically possible exit of an autonomous okrug from a region or region may be accompanied by the transformation of the okrug into a region (autonomous region). At the same time, the exit of the Chukotka Autonomous Okrug from the Magadan region in 1992 did not lead to a change in the state-legal form, but the change in its position in relation to the “mother” region is significant.

State legal experience new Russia knows cases of proposals to secede from the territory, region of other autonomous okrugs (Yamalo-Nenets, Khanty-Mansiysk, Taimyr). However, these proposals were not implemented due to political and economic inexpediency. Negative decision The lack of necessary legal procedures also contributed greatly.

The question was also raised about the transformation Sverdlovsk region to the Ural Republic. This initiative received a sharp negative assessment federal center, and its “author”, Governor E. Rossel, was dismissed (1995).

There were projects for the creation of three more republics: the Far Eastern, South Russian and Vologda. The so-called “ultimatum of thirty-two” is also known, in which the territories and regions demanded that they be granted the status of republics.

Proposals have also been put forward to merge Leningrad region and St. Petersburg (1996-1999), Moscow region and Moscow (1999-2000).

It was also proposed to annex the Nenets Autonomous Okrug to the Komi Republic, and the Altai and Adygea Republics to Altai region And Krasnodar region respectively.

57. Subject of jurisdiction of the Russian Federation.

The subjects of jurisdiction of the Russian Federation are listed in Article 71 of the Constitution of the Russian Federation(On the issue of application individual provisions Article 71 see determination of the Constitutional Court of the Russian Federation dated December 6, 2001 N 250-O):

a) adoption and amendment of the Constitution of the Russian Federation and Federal Laws, monitoring their compliance;

b) federal structure and territory of the Russian Federation;

c) regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation; regulation and protection of rights national minorities;

d) establishing a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; formation of federal bodies of state power (On the interpretation of paragraph “d” of Article 71 of the Constitution of the Russian Federation, see Resolution of the Constitutional Court of the Russian Federation dated January 27, 1999 N 2-P);

e) federal state property and its management;

f) establishing the basis federal policy And federal programs in the field of government, economic, environmental, social, cultural and national development RF;

g) establishment legal framework single market; financial, currency, credit, customs regulation, money issue, fundamentals pricing policy; federal economic services, including federal banks;

h) federal budget ; federal taxes and fees; federal funds regional development;

i) federal energy systems, nuclear energy, fissile materials; federal transport, communication routes, information and communication; activities in space;

To) foreign policy And international relations Russian Federation, international treaties of the Russian Federation; issues of war and peace;

l) foreign economic relations Russian Federation;

m) defense and security; defense production; determining the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property; production toxic substances, narcotic drugs and the procedure for their use;

m) determination of status and state protection borders, territorial sea, airspace, exceptional economic zone and the continental shelf of the Russian Federation;

O) judicial system; prosecutor's office; criminal, criminal procedural and criminal executive legislation; amnesty and pardon; civil, civil procedural and arbitration procedural legislation; legal regulation of intellectual property;

n) federal conflict of laws;

p) meteorological service, standards, standards, metric system and calculation of time; geodesy and cartography; names geographical objects; official statistics and accounting;

With) state awards And honorary titles RF;

r) federal public service.

58. Subjects of joint jurisdiction of the Russian Federation and its constituent entities. Subjects of jurisdiction of the constituent entities of the Russian Federation.

The Russian Federation, exercising sovereignty, has and exercises all rights independent state. At the same time, the subjects of the Radio Federation also have their own competence. The Constitution of the Russian Federation, the Federal Treaty, and legislation endow the Federation, represented by federal government bodies, with broad, multifaceted competence, while at the same time leaving extensive rights to its subjects. The Constitution of the Russian Federation distinguishes the subjects of jurisdiction and powers between Russian Federation and its subjects, thus defining both the competence of the Russian Federation and the competence of its parts - the subjects. The competence of the Russian Federation covers the powers, subjects of jurisdiction of the Russian Federation itself (Article 71) and its powers in matters of joint jurisdiction of the Federation and its subjects. For the rest, the subjects of the Federation are competent. One of the most complex issues the functioning of Russian federalism is the problem of the sphere of jurisdiction and powers of the Federation itself and its subjects. This problem, by the way, is the most difficult to solve for many foreign federations. The Constitution of the Russian Federation, when establishing the subjects of jurisdiction of the Federation itself and its subjects, proceeds from the principle of establishing separately issues under the jurisdiction of the Russian Federation and issues of joint jurisdiction of the Federation and its subjects. Outside the jurisdiction of the Russian Federation and the powers of the Russian Federation and its subjects, the subjects of the Russian Federation have full state power. The jurisdiction of the Russian Federation includes the most essential issues state life, socio-economic, foreign policy, defense, legislative and other spheres of activity (Article 71 of the Constitution).

The following are under the joint jurisdiction of the Russian Federation and its constituent entities:

issues of protection of human rights and freedoms;

issues of ensuring law and order;

public safety issues;

border zone regime;

issues of ownership, use and disposal of land;

demarcation state property;

environmental protection;

family protection and social protection citizens;

establishing general principles for organizing the system of state authorities and local self-government;

coordination of international and foreign policy relations of the constituent entities of the Russian Federation;

execution international treaties of the Russian Federation and other issues of domestic, foreign and socio-economic policy of both the Federation itself and its constituent entities.

For subjects of jurisdiction of the Russian Federation, federal constitutional laws and federal laws that have direct action throughout the Russian Federation. On subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws are issued and laws and other regulatory legal acts of the constituent entities of the Russian Federation are adopted in accordance with them. Outside the jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, republics, territories, regions, cities of federal significance, autonomous regions and autonomous districts carry out their own legal regulation, including the adoption of laws and other regulatory legal acts. Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted on the subjects of jurisdiction of the Russian Federation and on subjects of joint jurisdiction. In the event of a conflict between a federal law and another act issued in the Russian Federation, the federal law shall apply. In the event of a contradiction between a federal law and a regulatory legal act of a subject of the Russian Federation, issued outside the jurisdiction of the Russian Federation and outside the joint jurisdiction of the Russian Federation and its subjects, the normative act shall apply legal act subject of the Russian Federation. The problems of delimitation of powers between the Russian Federation and its constituent entities have become quite acute in connection with the intentions central authorities to strengthen the vertical executive branch in the Russian Federation.

59. Constitutional legal status Russian Federation.

The constitutional and legal status of the Russian Federation is the totality of the rights and obligations of the Russian Federation as a federal state. Its legal status is determined by the Constitution of the Russian Federation of 1993 and the Federal Treaty of March 31, 1992.

One of the main properties of the Russian Federation as a state is its sovereignty, which is expressed in the supremacy of state power, its unity, autonomy and independence.

This follows directly from generally accepted principle international law, set out in particular in the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations of October 24, 1970. This Declaration establishes: “No State or group of States has the right to interfere directly or indirectly for any reason whatsoever in the internal or external affairs of another State. Consequently, armed intervention and all other forms of interference or any threats directed against the legal personality of a State or against its political, economic and cultural foundations are a violation of international law."

State power arises only as a result of the sovereign rights of the people and has powers within the limits determined by the people in accordance with democratic procedure.

State power and the bodies representing it do not have sovereignty, since the latter is a property of the state. In relation to state bodies, we can only talk about the volume authority. The scope of powers of each state body depends on how the boundaries of these powers are defined. Even the most supreme authority cannot free himself from the right, that is, go beyond the limits established in legal norms. The Constitution of the Russian Federation enshrines the main features state sovereignty Russia:

1. supremacy federal law over the law of the subjects of the Federation;

2. inviolability of borders and territorial integrity;

3. unity of economic space, budgetary, financial, banking and monetary systems;

4. a unified army (unified Armed Forces), the right of the state to protect its sovereignty and the rights of citizens (the right to defense, conduct military operations, declare a state of emergency, etc.), the right to protect the interests of the state and its citizens externally ( international politics, foreign economic and foreign policy activities);

5. state monopoly on regulation and management the most important industries national economy Russia, on the main strategic natural resources, production and goods.

Most typical case contradictions between Russian Constitution and the constitutions (charters) of the constituent entities of the Russian Federation, aimed at washing away elements of the state sovereignty of Russia is a violation of the principle of the supremacy of the Constitution of Russia and federal laws.

60. Status of the state language. Linguistic equality. Declaration on the Languages ​​of Nations

In accordance with Article 68 of the Constitution state language The Russian language is spoken throughout the entire territory of the Russian Federation.

Republics have the right to establish their own official languages. In government bodies, local government bodies, government institutions republics they are used along with the state language of the Russian Federation .

The Russian Federation guarantees to all its peoples the right to preserve native language , creating conditions for its study and development.