Constitutional law of the Russian Federation. The sovereignty of the people of the Russian Federation and the right to self-determination of the peoples of the Russian Federation. State sovereignty (most important)

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Constitutional law of the Russian Federation. The sovereignty of the people of the Russian Federation and the right to self-determination of the peoples of the Russian Federation. State sovereignty (most important)

Lecture notes, cheat sheets

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14. SOVEREIGNTY OF THE PEOPLE OF THE RUSSIAN FEDERATION AND THE RIGHT TO SELF-DETERMINATION OF THE PEOPLES OF THE RUSSIAN FEDERATION. STATE SOVEREIGNTY

As follows from the preamble of the Constitution of the Russian Federation (“We, the multinational people of the Russian Federation ... accept the Constitution of the Russian Federation”), as well as from Part 1 of Art. 3 of the Constitution of the Russian Federation (“the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people”), in Russia at the constitutional level it is proclaimed and recognized principle of popular sovereignty, the people (i.e. the entire population of Russia - the totality of citizens and other persons permanently residing on the territory of the Russian Federation) are the supreme sovereign; in this aspect, the multinational people of Russia appear as a single constitutional and legal subject of a special kind.

At the same time, in the Constitution of the Russian Federation, the concept of "people" is also used in another sense - as a historically established social community, self-identifying itself as such, united according to national, territorial, everyday, linguistic and other characteristics (for example, indigenous peoples of the Far North) . In this sense, in accordance with Part 3 of Art. 5 of the Constitution of the Russian Federation, the peoples in the Russian Federation are recognized as equal in rights and the right to self-determination (i.e., influence on the process of public administration). It should be noted that the right to self-determination is not sovereignty, the bearer of which is only the entire multinational people of the Russian Federation. The forms of national self-determination in the Russian Federation, in particular, are the subjects of the Russian Federation formed on a national basis, i.e. republics, autonomous districts and autonomous regions, as well as national-cultural autonomy, special forms of self-government of indigenous peoples. At the same time, secession (that is, the withdrawal of a subject of the Russian Federation from the Federation) is not allowed.

As follows from Art. 4 of the Constitution of the Russian Federation, state sovereignty of the Russian Federation extends to its entire integral and inviolable territory, in particular, the Constitution of the Russian Federation and federal legislation have supremacy throughout the entire territory of the Russian Federation. The subjects of the Russian Federation do not have state sovereignty. This was confirmed, in particular, by the decision of the Constitutional Court of the Russian Federation of June 7, 2000 No. 10P, which recognized the provision of the Constitution of the Republic of Altai on the sovereignty of this subject of the Russian Federation as inconsistent with the Constitution of the Russian Federation. This position was also confirmed in other decisions of the Constitutional Court of the Russian Federation. The Constitution of the Russian Federation does not allow the existence of two levels of state sovereignty in a single system of state power in the Russian Federation.

Article 67 of the Constitution of the Russian Federation determines that the territory of the Russian Federation includes the territories of the constituent entities of the Russian Federation, internal waters and the territorial sea, and the airspace above them. Russia also has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone in the manner determined by the norms of international law and federal legislation.

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