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Конституционное (государственное) право Российской Федерации. Конституционно-правовой статус субъектов РФ (самое важное)

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39. CONSTITUTIONAL AND LEGAL STATUS OF THE SUBJECTS OF THE RUSSIAN FEDERATION

The Russian state is a federation.

The Russian Federation is formed by a set of relatively independent territorial entities, subjects of the Russian Federation.

The subject of the Russian Federation - a territorial entity with limited legal capacity, having some features of statehood, built on the territorial or national principle of formation.

The limited legal capacity of the subjects of the Russian Federation means that they are independent only within the limits of their competence.

The Russian Federation has the following principles of formation of the territory of the subjects of the Russian Federation:

1) territorial principle;

2) national principle;

3) national-territorial (mixed) principle.

Territorial principle The formation of a subject of the Russian Federation means that the boundaries of such a subject are determined solely by the presence of a large covered territory and a large number of residents. According to this principle, as a rule, territories, regions, as well as cities of federal significance are formed.

National principle means that the formation of a subject of the Russian Federation is associated with the characteristics of the national composition of the population. The subjects of the Russian Federation, formed according to the national principle, often have a small territory, but include associations of the peoples of Russia and therefore are separated into independent subjects of the Russian Federation.

mixed type formation of the subject of the Russian Federation includes the features of both the national and territorial principles.

Types subjects of the Russian Federation:

1) 21 republics within the Russian Federation (these are independent subjects of the Russian Federation, which have the features of statehood, they have the right to independently determine the internal policy of the subject of the Russian Federation);

2) 6 territories (these subjects of the Russian Federation are formed on the basis of the territorial principle and are distinguished by a vast territory);

3) 49 regions (just like the regions, they are built on a territorial principle, but have a relatively small area);

4) 2 cities of federal significance: Moscow, St. Petersburg (they are classified as subjects of the Russian Federation only due to their large territory and population);

5) Jewish Autonomous Region (the only subject of the Russian Federation with such a legal form);

6) 10 autonomous okrugs (they are formed on a national basis and to preserve historically established relationships within the okrug).

Depending on the type of subject of the Federation, their legal status within the state and in relations with other subjects of the Russian Federation is differentiated.

The republics within the Russian Federation have the greatest amount of powers, and the autonomous okrugs and autonomous regions have the least, since they are part of other constituent entities of the Russian Federation (territories and regions), and therefore partially depend on the decisions of government bodies. The territories and regions within the Russian Federation have approximately equal powers.

Cities of federal significance have a special status among the constituent entities of the Russian Federation. They represent the Russian Federation and are its "face".

Evidence subjects of the Russian Federation:

1) do not have state sovereignty;

2) do not have the right to self-determination due to the principle of the territorial integrity of the Russian Federation;

3) the status of citizens of the Russian Federation is the same throughout the entire territory of the Russian Federation, regardless of the constituent entities of the Russian Federation in which the citizen lives;

4) exercise powers in accordance with federal legislation;

5) all subjects of the Russian Federation have equal rights.

Author: Kakovkina Ye.N.

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