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Конституционное (государственное) право Российской Федерации. Принципы федеративного устройства РФ (самое важное)

Lecture notes, cheat sheets

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37. PRINCIPLES OF THE FEDERAL STRUCTURE OF THE RUSSIAN FEDERATION

The Russian Federation is a multinational state, therefore the most natural form of government is federal.

The territory of Russia is divided into separate, independent (within its competence), equal subjects of the Russian Federation. There are 89 of them according to the Constitution of the Russian Federation.

Principles of the federal structure of the Russian Federation:

1) state integrity of the Russian Federation;

2) unity of the system of government bodies;

3) delimitation of jurisdiction and powers between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation;

4) equality and self-determination of peoples in the Russian Federation.

The state integrity of the Russian Federation presupposes a state structure in which:

1) the integrity and inviolability of the territory of the Russian Federation is ensured;

2) there is a single citizenship of the Russian Federation;

3) a single economic space is established and the use of a single monetary unit - the ruble;

4) the supremacy of the Constitution of the Russian Federation and federal laws in relation to the normative acts of the constituent entities of the Russian Federation is guaranteed;

5) federal bodies of state power operate and the unity of systems of state power is proclaimed;

6) state entities are considered as being part of the Russian Federation, the territory of each of them is an inextricable part of the territory of Russia;

7) issues of the federal structure are attributed to the exclusive prerogative of the Russian Federation;

8) there is no right for subjects of the Russian Federation to secede from its composition.

The principle of the unity of the system of state authorities is closely connected with the principle of the state integrity of the Russian Federation. It ensures the sovereignty of the Russian Federation throughout its territory.

According to this principle, the only source of power is the multinational people of the Russian Federation.

Unified system of public authorities means that:

1) state authorities of the constituent entities of the Russian Federation are formed similarly to the federal ones in accordance with the Constitution of the Russian Federation and federal laws (for example, in the constituent entities of the Russian Federation the highest authorities of the constituent entity of the Russian Federation are established: the highest executive body, the highest official and the legislative (representative) body;

2) there is a vertical subordination of the federal government bodies of the constituent entities of the Russian Federation to the highest authorities of the Russian Federation (for example, the prosecutor's office is directly subordinate to the General Prosecutor's Office of the Russian Federation throughout the Russian Federation, and the courts of the Russian Federation represent a unified system of judicial power of the Russian Federation).

Separation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation ensures the necessary independence and sovereignty of state bodies within the established limits, the inadmissibility of arbitrariness in their activities and a respectful attitude to decisions made by them within their competence. The delimitation of the powers of the Russian Federation and its subjects is carried out by the Constitution of the Russian Federation, federal laws and federal treaties.

Russia is a multinational country, therefore principle of equality of peoples is one of the fundamental ones, ensuring the right of all peoples to preserve their cultural and historical traditions. In addition, the Constitution of the Russian Federation guarantees the peoples of Russia the right to self-determination, but without the right to secede from the Russian Federation.

Author: Kakovkina Ye.N.

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