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Конституционное (государственное) право Российской Федерации. Автономные округа и автономная область: конституционно-правовой статус (самое важное)

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40. AUTONOMOUS REGIONS AND AUTONOMOUS REGION: CONSTITUTIONAL AND LEGAL STATUS

Autonomous Oblast and Autonomous Okrug within the Russian Federation - national-state formations of the Russian Federation that have a certain, limited territory within the Russian Federation and exercise the powers established by the Constitution of the Russian Federation, federal laws and the Federal Treaty of March 31, 1992.

The legal status of an autonomous okrug (oblast) is determined by the totality of the powers of this subject of the Russian Federation, with the exception of issues referred by the Constitution of the Russian Federation to the exclusive jurisdiction of the Russian Federation, and is a set of rights and obligations arising in relations with the Russian Federation and with other subjects of the Russian Federation, of which it is a part .

Legal status features Autonomous Okrug (region):

1) the constitutional and legal status of an autonomous district (region) is simultaneously a combination of the status of a part of a subject of the Russian Federation and the status of an independent subject of the Russian Federation;

2) the constitutional and legal nature of autonomous okrugs (regions) is the same as that of other subjects of the Russian Federation, they are an equal subject of the Russian Federation;

3) an autonomous district (region), as a rule, is part of a territory, region, i.e., it has a single territory and population with the subject of the Russian Federation, which includes the autonomous entity.

The dual nature of the legal nature of the autonomous okrug (region) does not mean that these subjects of the Russian Federation are limited in their rights in relation to other subjects of the Russian Federation. An autonomous okrug (region) is an equal and independent subject of the Russian Federation.

It has its own territory and scope of powers, population, system of state bodies, charter, legislation, administrative-territorial boundaries, etc.

The legal status of an autonomous okrug (oblast) cannot be changed without its prior consent.

The status of the autonomous okrug (oblast) is the same as that of all other constituent entities of the Russian Federation. In this regard, all the rights of the subjects apply to them: the right to the symbolism of the subject, to an equal position in relations with the Russian Federation, etc.

The autonomous okrug (region) is partially subject to the influence of state authorities of the region, the region in which they are included, for this, special laws of the constituent entities of the Russian Federation are established and agreements are concluded between them on the limits of competence.

The autonomous okrug (region) independently regulates the issues of ownership, use and disposal of land, subsoil, water, forestry and other natural resources in accordance with the fundamentals of legislation, codes, and laws of the Russian Federation.

The Constitution of the Russian Federation and the Treaty on the delimitation of jurisdiction and powers between the federal state authorities of the Russian Federation and the authorities of the autonomous region, autonomous districts within the Russian Federation (Moscow, March 31, 1992) establishes a list of subjects of joint jurisdiction of the federal state authorities of the Russian Federation and state authorities autonomous region, autonomous district, which they can transfer to each other by mutual agreement.

Autonomous okrugs (regions) have the right to adopt legal acts on issues of their own and joint jurisdiction with the Russian Federation. It also has the right to issue a special nominal federal law, but at present not a single autonomous district (region) has yet exercised this right.

Author: Kakovkina Ye.N.

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