42. LEGAL FORMS OF THE POWERS AND INTERACTION OF THE RUSSIAN FEDERATION AND ITS SUBJECTS. LEGAL SIGNIFICANCE OF CONTRACTS AND AGREEMENTS BETWEEN GOVERNMENT BODIES OF THE RUSSIAN FEDERATION AND SUBJECTS OF THE RUSSIAN FEDERATION

Competence of the authority - this is a certain amount of authority established by the Constitution of the Russian Federation and other federal laws.

The delimitation of the powers of the Russian Federation and its subjects can be forms:

1) concluding an agreement between a subject of the Russian Federation and the Russian Federation;

2) establishment in the norms of the Constitution of the Russian Federation.

The Constitution of the Russian Federation strictly establishes the following types of competence government bodies depending on the federal structure of the Russian Federation:

1) the competence of the Russian Federation itself;

2) the competence of the constituent entities of the Russian Federation;

3) issues of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

Under the jurisdiction of the authorities of the constituent entities of the Russian Federation Most of the current issues of regulating the life of society are located, with the exception of issues of the exclusive jurisdiction of the Russian Federation:

1) federal structure and territory of the Russian Federation;

2) establishing a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities;

3) federal state property and its management;

4) financial, currency, credit, customs regulation;

5) federal budget;

6) foreign policy and international relations of the Russian Federation;

7) issues of war and peace, defense and security;

8) other issues of exclusive jurisdiction of the Russian Federation. Subjects of the Russian Federation are not entitled, without prior agreement with the Russian Federation, to adopt normative acts affecting the competence of the Russian Federation, for example, establish their own military formations, establish boundaries other than administrative-territorial, establish customs taxes and fees upon entry and exit into the territory of a subject of the Russian Federation.

However, the Russian Federation has the right to transfer part of its powers to the authorities of the constituent entities of the Russian Federation, if this does not entail restrictions on the rights and freedoms of a person and citizen and does not contradict the Constitution of the Russian Federation. This transfer of powers is carried out on the basis of an agreement on the delimitation of subjects of jurisdiction between the state authorities of the Russian Federation and the constituent entities of the Russian Federation.

Agreement on the delimitation of subjects of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of the constituent entities of the Russian Federation - an agreement by virtue of which the competence of state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation is established.

Agreements on the delimitation of subjects of jurisdiction may affect subjects of the joint competence of the Russian Federation and its subjects. These include, for example:

1) ensuring the supremacy of federal legislation;

2) protection of human and civil rights and freedoms;

3) ensuring legality, law and order, public safety;

4) environmental protection and ensuring environmental safety;

5) establishment of general principles for organizing the system of state authorities and local self-government;

6) other current issues of the functioning of the state system.

Legal significance agreements on the delimitation of subjects of jurisdiction between government bodies of the Russian Federation and its subjects is as follows: a list of issues on which the subjects of the Russian Federation have the right to adopt laws and other regulations is clearly established, the boundaries of the power of the Russian Federation are established on the territory of its subjects.

Author: Kakovkina Ye.N.

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