Конституционное право Российской Федерации. Территория РФ. Принципы российского федерализма (самое важное)

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Конституционное право Российской Федерации. Территория РФ. Принципы российского федерализма (самое важное)

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42. TERRITORY OF THE RUSSIAN FEDERATION. PRINCIPLES OF RUSSIAN FEDERALISM

In accordance with Part 1 of Art. 67 of the Constitution of the Russian Federation, the territory of the Russian Federation includes territory of all constituent entities of the Russian Federation, as well as inland waters (rivers, lakes, other water bodies, all the banks of which are occupied by the territory of the Russian Federation) and the territorial sea (within a 12-mile zone, unless otherwise established by an international treaty of the Russian Federation, for example, on the delimitation of the State Border of the Russian Federation at sea, in particular with Norway, Ukraine, the USA and Japan). In addition, the territory of the Russian Federation includes an air column (airspace) over the land and water territory of the Russian Federation. Moreover, the upper boundary of this pillar is not clearly defined (outer space does not belong to the territory of any of the states).

Although the continental shelf and the maritime exclusive economic zone of the Russian Federation are not, in the proper sense of the word, the territory of the Russian Federation, Russia, in accordance with Part 2 of Art. 67 of the Constitution of the Russian Federation, has sovereign rights there and exercises jurisdiction in the manner determined by federal legislation and international legal norms.

The sovereignty of Russia extends to its entire integral and inviolable territory (Article 4 of the Constitution of the Russian Federation). The guarantor of the state integrity of the Russian Federation is the head of state - the President of the Russian Federation (part 2 of article 80 of the Constitution of the Russian Federation).

Federalism - a way of organizing the system of public authorities, corresponding to the federal form of government.

The purpose of the federation - the optimal combination of big and small in one.

Principles of federalism, enshrined in Art. 5 and ch. 3 of the Constitution of the Russian Federation, the Federal Treaty and some other acts can be structured as follows:

1. Russia is a complex federation, the constituent entities of the Russian Federation are formed both according to territorial (territories, regions, cities of federal significance) and national (republics, autonomous districts, autonomous region) signs, moreover, some constituent entities of the Russian Federation are part of other constituent entities of the Russian Federation (autonomous okrugs within krays and oblasts).

2. Russia is an open and dynamic federation, there are opportunities to change the borders and the constitutional and legal status of the constituent entities of the Russian Federation, the formation of new constituent entities of the Russian Federation within the Russian Federation, the admission of new constituent entities of the Russian Federation into the composition of the Russian Federation.

3. Equality of rights of the subjects of the Russian Federation in relations with federal government bodies and among themselves.

4. State integrity of the Russian Federation.

5. The unity of the system of state power (on issues of exclusive jurisdiction of the Russian Federation and joint jurisdiction of the Russian Federation and subjects of the Russian Federation).

6. Equality and self-determination of subjects of the Russian Federation.

7. Delimitation of subjects of jurisdiction and powers between the Russian Federation and the subjects of the Russian Federation.

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