Конституционное (государственное) право Российской Федерации. Принципы разграничения предметов ведения и полномочий органов государственной власти РФ и ее субъектов (самое важное)

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Конституционное (государственное) право Российской Федерации. Принципы разграничения предметов ведения и полномочий органов государственной власти РФ и ее субъектов (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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41. PRINCIPLES OF DIFFERENTIATION OF THE SCOPE AND POWERS OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION AND ITS SUBJECTS

The Constitution of the Russian Federation establishes clear lists of the powers of the Russian Federation, subjects of the Russian Federation and the subjects of their joint jurisdiction.

The Russian Federation has sovereignty over the entire territory of the Russian Federation and exercises powers assigned to the subjects of its exclusive jurisdiction due to their special importance for the state. For example, the adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance; establishment of a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; federal structure and territory of the Russian Federation; regulation of the federal budget; questions of war, defense and peace, etc.

Outside the jurisdiction of the Russian Federation and the sphere of joint jurisdiction of the Russian Federation and its subjects, the latter have the fullness of state power, i.e., these powers are within the exclusive competence of the state authorities of the constituent entities of the Russian Federation.

Sphere of joint jurisdiction of the Russian Federation and subjects of the Russian Federation - the powers within which both the Russian Federation and its subjects are entitled to act. These powers are exercised by the subjects of legal relations taking into account mutual benefit, mutual consent and mutual delegation of powers on the basis of federal agreements on the delimitation of subjects of jurisdiction.

The division of these powers is carried out in accordance with principles:

1) compliance of the legislation of the constituent entities of the Russian Federation with the federal one;

2) equality of subjects of the Russian Federation in the exercise of their powers;

3) independence of state authorities of the constituent entities of the Russian Federation in the exercise of their powers from federal authorities.

Compliance with the legislation of the constituent entities of the Russian Federation means that all acts adopted by the state authorities of the constituent entities of the Russian Federation within their competence must comply with the provisions of the Constitution of the Russian Federation, federal constitutional and federal laws. If a public authority of a constituent entity of the Russian Federation adopted an act outside its competence, such an act may be recognized as not complying with federal legislation by a court upon application of an interested person in the prescribed manner, which means that such an act is not subject to application and references to it are unacceptable.

The equality of the subjects of the Russian Federation before the Russian Federation means that all subjects of the Russian Federation have the right to independently, independently of others, exercise powers within their competence, while the powers to issue normative acts are equal for all subjects. No subject of the Russian Federation, regardless of its form (republic, territory, region, autonomous district or region, city of federal significance) can have more or less powers, since the powers of the subjects of the Russian Federation are established by the Constitution of the Russian Federation for all subjects at the same time, and the specification by federal treaties on the delimitation of subjects of jurisdiction applies only to subjects of joint jurisdiction.

The state authorities of the constituent entities of the Russian Federation exercise their powers, but only within the limits of their competence or on subjects of joint jurisdiction in accordance with federal agreements on the delimitation of subjects of jurisdiction. No state authorities of the Russian Federation have the right to impede the exercise of the powers of the constituent entities of the Russian Federation, to force the adoption of this or that law.

Author: Kakovkina Ye.N.

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