Конституционное (государственное) право Российской Федерации. Принятие в состав РФ и образование нового субъекта федерации в России (самое важное)

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Конституционное (государственное) право Российской Федерации. Принятие в состав РФ и образование нового субъекта федерации в России (самое важное)

Lecture notes, cheat sheets

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44. ADMISSION TO THE RUSSIAN FEDERATION AND THE FORMATION OF A NEW SUBJECT OF THE FEDERATION IN RUSSIA

Change in the subject composition of the Russian Federation possible in 2 cases:

1) admission of a new subject of the Russian Federation to the Russian Federation;

2) the formation of a new subject of the Russian Federation within the Russian Federation.

This is the main principle acceptance in the Russian Federation and the formation of a new subject in its composition - voluntariness.

When changing the subject composition of the Russian Federation, state interests, the principles of the federal structure of the Russian Federation, the rights and freedoms of man and citizen, the established historical, economic and cultural ties of the subjects of the Russian Federation, their socio-economic opportunities should be taken into account.

Adoption of a new subject in the Russian Federation - the procedure for changing the composition of the constituent entities of the Russian Federation as a result of the accession to the Russian Federation of a foreign state or part thereof.

Formation of a new subject within the Russian Federation - this is also a procedure for changing the composition of the subjects of the Russian Federation, but it is carried out as a result of the unification of two or more subjects of the Russian Federation bordering on each other.

A foreign state is accepted into the Russian Federation only if it expresses a voluntary desire and if there is a conclusion on the expediency for the Russian Federation of such acceptance of a new subject into the Russian Federation.

A foreign state (or part of it) may be admitted to the Russian Federation as a republic, if the international agreement on the admission of the Russian Federation into its composition of a new subject does not provide for granting this subject the status of a territory or region.

A proposal to admit a foreign state or a part of it to the Russian Federation as a new subject of the Russian Federation can only be submitted by the foreign state itself.

The authority to consider such a proposal and make a decision on this issue belongs to the President of the Russian Federation after consultation with the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation.

On this issue, an international treaty between the Russian Federation and a foreign state must be signed on its admission to the Russian Federation as a new subject. Such an international treaty should regulate the following issues:

1) name and status of the new subject of the Russian Federation;

2) the procedure for acquiring Russian citizenship by citizens of a foreign state and extending to them the full legal status of a citizen of the Russian Federation;

3) succession in relation to the membership of a foreign state in international organizations, its property assets and liabilities;

4) the effect of the legislation of the Russian Federation on the territory of the new subject of the Russian Federation;

5) the functioning of state authorities and local government bodies of a foreign state on the territory of a new subject of the Russian Federation.

The international treaty of the Russian Federation on the admission of a new subject to its composition is subject to ratification by federal law after receiving the conclusion of the Constitutional Court of the Russian Federation.

A proposal from interested subjects of the Russian Federation on the formation of a new subject within the Russian Federation must contain:

1) socio-economic justification;

2) intended name and status;

3) approximate borders of the new subject of the Russian Federation.

On the issue of the formation of a new subject within the Russian Federation, referendums must be held on the territory of the interested subjects of the Russian Federation.

After that, the President of the Russian Federation considers a proposal to form a new constituent entity of the Russian Federation within the Russian Federation. He reports this to the Federal Assembly, which in turn adopts a federal constitutional law on this issue.

Author: Kakovkina Ye.N.

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