Constitutional law of the Russian Federation. Legal basis for the formation of new federal subjects in Russia (the most important)

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Constitutional law of the Russian Federation. Legal basis for the formation of new federal subjects in Russia (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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45. LEGAL FRAMEWORK FOR THE FORMATION OF NEW SUBJECTS OF THE FEDERATION IN RUSSIA

In 2001, in accordance with Part 2 of Art. 65 of the Constitution of the Russian Federation, the Federal Law "On the procedure for the adoption in the Russian Federation and the formation of a new subject of the Russian Federation in its composition" was adopted.

At the initiative of a foreign state, on the basis of an international treaty, a federal constitutional law on the adoption in the Russian Federation of a new subject as a new subject of the Russian Federation, a foreign state may be accepted (a subject of the Russian Federation is formed, which, as a general rule, has the status of a republic, an international treaty may provide the status of a territory or region) or a part of a foreign state (in accordance with an international treaty, such a new subject of the Russian Federation is granted the status of a republic, territory, region, autonomous district or autonomous region).

A new subject within the Russian Federation can be formed at the initiative of the interested subjects of the Russian Federation only as a result of the merger of two or more bordering subjects (a new subject may be formed by merging, or one or more subjects may be attached to another subject). A proposal to form a new subject within the Russian Federation is sent to the President. Referendums are held in interested subjects on this issue, unification is possible only in case of a positive outcome of referendums in all interested subjects. Further, the President introduces a draft federal constitutional law on the formation of a new subject within the Russian Federation.

In all cases of the formation of new subjects of the Russian Federation, the corresponding changes are made to Part 1 of Art. 65 of the Constitution of the Russian Federation. The issue of merging the Perm Region and the Komi-Permyatsky Autonomous Okrug into a new subject of the Russian Federation - the Perm Territory, which will take place in 2007, has already been resolved.

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