Topic 12. Organization of state power in the constituent entities of the Russian Federation

One of the elements of the constitutional and legal status of the constituent entities of the Russian Federation is the presence of their own system of state authorities.

The independence of the subjects of the Russian Federation implies that they independently determine the types (system) of organs, their competence, the relationship between them, etc. However, the independence of the subjects of the Russian Federation in this matter is significantly limited. They are connected, firstly, by the norms-principles of the foundations of the constitutional system of the Russian Federation and, secondly, by the rather strict norms of the Federal Law of October 06.10.99, 184 No. "with rev. and additional, as well as the norms of other federal laws.

The obligation of the constituent entities of the Russian Federation to establish their systems of state authorities in accordance with the fundamentals of the constitutional order of the Russian Federation, in particular, means that when establishing such a system and its normative consolidation, the regions should proceed from the ideas of a democratic federal legal state with a republican form of government (part 1 of Art. .1 of the Constitution of the Russian Federation); the priority of human and civil rights and freedoms, the social nature of the state (art. 2, 7); definitions of the people as the only source of power in the region (art. 3); recognition of the sovereignty of the Russian Federation throughout its territory (including the territories of the constituent entities of the Russian Federation), the supremacy of the Constitution of the Russian Federation and federal laws on its territory, the state integrity of Russia, the unity of the system of state power, the delineation of jurisdiction and powers between state authorities of the Russian Federation and their own state authorities, equality of all subjects of the Russian Federation (Article 4, Part 3, 4 Article 5, Part 3 Article 11, Article 15); unity of citizenship in the Russian Federation (Article 6); the need to exercise state power on the basis of its division into legislative, executive and judicial, ensuring the independence of the bodies of each of the branches (Article 10); autonomy within their powers of local self-government bodies and guarantees of their rights (Article 12); recognition of the ideological diversity and secular nature of the state (art. 13, 14).

State power in all subjects of the Russian Federation is organized on the basis of the principle of separation of powers, which involves not only the distribution of power between the bodies of various branches of state power, but also the mutual balancing of the branches of power, the impossibility for any of them to subjugate others, the exclusion of the concentration of all powers or more their parts are under the jurisdiction of one state authority or official.

The system of public authorities of the constituent entity of the Russian Federation in general terms includes:

1) legislative (representative) body of state power;

2) the highest official of the constituent entity of the Russian Federation (head of the region);

3) the highest executive body of state power;

4) other public authorities.

Territorial bodies of federal state authorities (executive, judicial) functioning on the territory of a constituent entity of the Russian Federation are not included in the system of state authorities of a constituent entity of the Russian Federation.

The legislative body of state power in the subject of the Russian Federation is one (the highest and only). It is permanent, although some deputies may work on a non-permanent basis. The name of the legislative body is determined by the subject of the Russian Federation independently - it can be a council (state, supreme, regional, etc.), an assembly (state, legislative, popular, etc.), a duma (regional, regional, district, city, provincial, state), khural, suglan, parliament, etc. The quantitative composition of the legislative bodies of the constituent entities of the Russian Federation can vary significantly from, for example, 15 to several hundred deputies (recently, there has been a tendency to reduce the number of parliaments of the constituent entities of the Russian Federation, for example, in Tatarstan, Bashkortostan, Chuvashia, Kabardino-Balkaria, etc., Chuvashia, Kabardino-Balkaria, etc.). The structure of regional parliaments is mainly unicameral, but there are also bicameral (bicameral) legislative bodies (at the regional level - in Bashkortostan, Kabardino-Balkaria, etc. - there is also a tendency to abandon bicameralism).

In bicameral parliaments, one of the chambers (usually called the upper one) is formed, as a rule, from representatives of the territorial units of the constituent entity of the Russian Federation, and, unlike the other (lower) chamber, deviations from the principle of equal representation are possible here. However, in this case, the powers of the chambers must be balanced in such a way that the decisions of the lower house, which directly represents the population of the region (formed by elections in constituencies with an approximately equal number of voters), are not blocked by the upper house, which is formed without ensuring equal representation (from the territories).

The legislative bodies of the constituent entities of the Russian Federation are formed exclusively through the election of deputies by the population of the region, while at least 50% of the deputies of parliament (or one of its chambers) must be elected according to the proportional electoral system (according to party lists), but on condition that regional branches of at least three political parties. The term of office of regional parliaments cannot exceed five years. In some subjects of the Russian Federation, rotation (renewal) of part of the composition is provided for after a certain period of time after the election. The powers of the legislative body of the subject of the Russian Federation are quite broad and are aimed at the implementation of its main functions: representation, legislative and control.

In contrast to the legislative power, the executive power in the subject of the Russian Federation is exercised by a system of bodies, including the highest executive body of state power (government, administration) and other executive bodies (ministries, departments, committees, administrations, etc.). The system of executive bodies of state power is established by the law of the subject of the Russian Federation, and their structure in accordance with the constitution (charter) of the subject of the Russian Federation and the specified law is determined by the head of the region. In contrast to the federal scheme of the institutional organization of state power, the highest official of a constituent entity of the Russian Federation (head of a region) is unambiguously defined as the head (head) of the highest executive body of state power of the corresponding subject.

After amendments were made to the federal law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" in December 2004 (Federal Law No. 11.12.2004-FZ of December 159, 5), the status of the highest official of a constituent entity of the Russian Federation has changed significantly. Now he is not elected by the population of the region, but is empowered by the legislative body of the constituent entity of the Russian Federation on the proposal of the President of the Russian Federation for a period of up to 27.12.2004 years (at the same time, the prohibition to hold the position of head of the region for the same person for more than two terms in a row is excluded). The procedure for considering candidates for the position of the highest official (head of the highest executive body of state power) of a constituent entity of the Russian Federation is established by Decree of the President of the Russian Federation dated December 1603, XNUMX No. XNUMX. and in some situations - twice) rejection by the regional parliament of the candidates (nominated candidate) presented by the head of state, the President of the Russian Federation has the right to dissolve the legislative body of the constituent entity of the Russian Federation and appoint an interim top official of the region by his decree.

The supreme executive body of a subject of the Russian Federation is formed by the head of the region, but the legislation of the subject of the Russian Federation may establish the need to obtain consent to the appointment of certain officials of the parliament of the subject of the Russian Federation. However, a situation in which the entire composition of the regional government is formed with the participation of the legislature is unacceptable. The powers of the highest executive body of state power of the constituent entity of the Russian Federation are traditional based on the fact that it is a body of general competence and manages all the main spheres of life at the regional level.

Speaking about the organization of the judiciary in the constituent entities of the Russian Federation, it is necessary to keep in mind the following. Actually, the courts of the constituent entities of the Russian Federation are only constitutional (charter) courts and justices of the peace. Based on the fact that magistrates (who are judges of general jurisdiction of the constituent entities of the Russian Federation) are deprived of the opportunity to participate in resolving public law disputes (they consider only certain categories of criminal and civil cases), only constitutional (charter) ones participate in the implementation of the principle of separation of powers at the regional level. courts that have not yet been created in all subjects of the Russian Federation. In those constituent entities of the Russian Federation where there are no constitutional (statutory) courts of their own, the balance of power is ensured by federal courts operating on the territory of these constituent entities, whose jurisdiction includes, among other things, the resolution of disputes of a public law nature with the participation of regional state authorities.

The system of state authorities of a constituent entity of the Russian Federation may include other bodies. In particular, supra-parliamentary bodies have been established in certain subjects of the Russian Federation, for example, the Great Khural in Tyva, the Constitutional Assembly in Dagestan. In some constituent entities of the Russian Federation, state authorities are provided at a level below the regional level: in districts, cities, etc. The Constitutional Court of the Russian Federation recognized the admissibility of the creation of such state authorities, but with the obligatory observance of a number of conditions, namely: these bodies cannot be subordinated to regional to state authorities, they must be formed through elections by the population of the relevant territory and have their own powers, they cannot be vested with the powers of local governments, as well as delegate their powers to these bodies: only the legislator can delegate state powers, and there is only one legislative body in the constituent entity of the Russian Federation, since the representative bodies of state power of the territorial units of the constituent entity of the Russian Federation are not legislative bodies. Dagestan has a collegial body of executive power - the State Council, which functions along with the government of the republic. In some constituent entities of the Russian Federation, state bodies are being created that are difficult to attribute to any traditional branch of power (the State Control Committee in Bashkortostan, the Committee on National Relations in Kabardino-Balkaria, the Council of Governors in the Tyumen Region, conciliation chambers, etc.).

12.2. The main directions and forms of interaction between public authorities of the constituent entities of the Russian Federation

The main thing in characterizing the principle of separation of powers is not the normative consolidation of this principle and the status of state authorities, but the relationship of these bodies with each other, the correlation of their powers, the existence of a system of "checks and balances", mechanisms for resolving disputes and conflicts between them.

The main areas of interaction between regional government bodies are:

▪ mutual participation in the formation and early termination of powers;

▪ interaction in the rule-making process.

After amendments were made to the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" in December 2004, the legislative body of the constituent entity of the Russian Federation empowers the highest official of the region (recall that the relevant legally significant decision is made by the regional parliament exclusively according to the candidates submitted by the President of the Russian Federation; in addition, the head of a constituent entity of the Russian Federation (as a temporarily acting senior official) can be appointed by the head of state and contrary to the opinion of the legislative body of the constituent entity of the Russian Federation). The oath of the newly empowered head of the region is always taken in the presence of members of parliament. The legislative body of a constituent entity of the Russian Federation not only establishes a system of executive bodies of state power in the region, but also takes part in the formation of the personal composition of the supreme executive body of the constituent entity of the Russian Federation, giving consent to the head of the region to appoint a certain circle of officials (the list of such officials should be established directly in the constitution ( charter) of the subject of the Russian Federation). Judges of the constitutional (charter) court of a constituent entity of the Russian Federation (if it is created in a region) are also appointed by the regional parliament.

The most effective element in the system of “checks and balances” at the regional level is the ability of the legislative body and the highest official of a constituent entity of the Russian Federation to mutually influence the early termination of each other’s powers. After the noted changes in the Law “On General Principles...” the balance in this element of the system of “checks and balances” is somewhat upset. If the head of a region retains the right to dissolve parliament, then the latter does not have a similar opportunity in relation to the highest official - the final decision on the early termination of powers by the head of a subject of the Russian Federation is made by the President of the Russian Federation (the exception is the possibility of the legislative body making a decision on the early termination of powers by the head of a region in cases his voluntary resignation, recognition by the court as incompetent or partially capable, missing or declared dead, the entry into force of a court conviction, leaving the Russian Federation for permanent residence or loss of Russian citizenship; however, even in such situations, a largely formal decision by the regional Parliament can only be adopted upon the proposal of the President of the Russian Federation).

The basis for issuing a decree (decree) of the head of a constituent entity of the Russian Federation on the dissolution of a regional parliament may be the adoption by the parliament of a constitution (charter), a law or other regulatory legal act that contradicts the Constitution of the Russian Federation, federal laws or the constitution (charter) of a constituent entity of the Russian Federation (mandatory additional conditions here are - the establishment of the corresponding contradiction exclusively in court; the contradiction is not to any federal law, but only to the one adopted on the subjects of the jurisdiction of the Russian Federation and the subjects of joint jurisdiction of the Russian Federation and its subjects; not eliminating the contradiction within 6 months from the date of entry into force of the court decision). In case of early termination of the powers of the legislative body, extraordinary elections are scheduled so that they take place no later than 120 days from the date of entry into force of the decree (decree) of the head of the subject of the Russian Federation. (Thus, the highest official of a constituent entity of the Russian Federation can determine the date of elections to the regional parliament, as an exception to the general rule, according to which this date is determined by a resolution of the parliament itself).

Without the ability to make an independent final decision on the early termination of the powers of the highest official of a constituent entity of the Russian Federation, the legislative body of the region is still empowered to express no confidence in him, which is one of the grounds for the possible removal of the head of the region by the President of the Russian Federation. The grounds for expressing such distrust may be: firstly, the publication by the head of the region of acts that contradict the Constitution of the Russian Federation, the constitution (charter) and the laws of the subject of the Russian Federation; secondly, another gross violation of federal or regional legislation; thirdly, improper performance by the highest official of a constituent entity of the Russian Federation of his duties. The first two circumstances must be established exclusively in court; in addition, in the first case, the head of the region must not respond to the court’s decision within a month, and in the second, there must be a massive violation of the rights and freedoms of citizens. If one of the above circumstances exists, a group of at least 1/3 of the established number of parliamentary deputies has the right to initiate a vote of no confidence; the decision on no confidence is made by a qualified majority of 2/3 of the votes of the established number of deputies (if the parliament is bicameral - 2/3 of each chamber). A positive decision of parliament is sent to the President of the Russian Federation for consideration to resolve the issue of removing the highest official from office. The removal from office of the head of a region entails the resignation of the highest executive body of state power of the constituent entity of the Russian Federation.

The legislative body of a subject of the Russian Federation can express no confidence not only in the head of the region, but also in those officials of the highest executive body in whose appointment it took part (by approving or coordinating the appointment), which entails their immediate resignation.

The interaction of the legislative and executive authorities at the regional level in the rule-making process is manifested in the following:

▪ the head of a subject of the Russian Federation has the right of legislative initiative, and his bills (upon his proposal) are subject to consideration as a matter of priority;

▪ the head of the region signs and promulgates regional laws adopted by parliament, having the right of suspensive veto, which can be overridden by parliament by adopting the law in the previous wording by a qualified majority of 2/3 votes;

▪ the legislative body, on the one hand, and the head of the region and executive authorities, on the other, exchange published legal acts with the possibility of making proposals for amending or repealing them, as well as appealing in court;

▪ heads of regional executive authorities (or their authorized persons) have the right to attend meetings of the legislative body with the right of an advisory vote, and deputies (or employees of the apparatus on behalf of the legislative body or its chairman) have the right to attend meetings of executive authorities.

The interaction of regional government bodies is also possible in other areas, for example, the appointment of a human rights ombudsman of a constituent entity of the Russian Federation, the coordination of legislative initiatives to the State Duma, etc.

12.3. The relationship between federal and regional government bodies

The participation of the constituent entities of the Russian Federation in solving federal issues is manifested in the following:

▪ the upper house of the federal parliament - the Federation Council - is the chamber of regions, in which all subjects of the Russian Federation are represented on a parity basis;

▪ subjects of the Russian Federation have representation in other federal bodies (under the Government of the Russian Federation, under certain federal executive bodies, in the State Council of the Russian Federation, in the Council of Judges, in the Council of Legislators, etc.);

▪ subjects of the Russian Federation take part in the preparation of international treaties of the Russian Federation (if the treaty affects the interests of subjects of the Russian Federation);

▪ subjects of the Russian Federation participate in the federal rule-making process, firstly, through the Federation Council when approving any federal laws; secondly, through the implementation of the right of legislative initiative in the federal parliament; thirdly, through participation in procedures for the approval of federal regulations (federal laws, government regulations) on subjects of joint jurisdiction (for example, draft federal laws on subjects of joint jurisdiction after their submission to the State Duma and after their adoption by the State Duma in the first reading in a mandatory manner order are sent to regional government bodies for their submission within 30 days of reviews of bills (in the first case) and amendments to these bills (in the second case), and if the reviews of the highest government bodies of more than 1/3 of the constituent entities of the Russian Federation turn out to be negative, then a conciliation commission must be created, and before the expiration of the 30-day period allotted to regional parliaments for submitting amendments to bills adopted in the first reading to the State Duma, consideration of these bills in the second reading is not allowed). The main areas of federal influence are:

▪ control over the activities of state authorities of the constituent entities of the Russian Federation (it is carried out by the President of the Russian Federation, the Constitutional Court of the Russian Federation and other federal courts, the Commissioner for Human Rights in the Russian Federation, prosecutors, the Ministry of Justice of the Russian Federation, etc.);

▪ introduction of a state of emergency on the territory of individual constituent entities of the Russian Federation with corresponding consequences;

▪ introduction of direct federal rule in certain regions (as was the case in the Chechen Republic);

▪ early termination of the powers of public authorities of the constituent entities of the Russian Federation as elements of the system of “checks and balances” in the functioning of state power in the “vertical” aspect (in particular, the dissolution by the President of the Russian Federation of the legislative body of the constituent entity of the Russian Federation in the event of double or triple rejection of the proposed candidates (proposed candidacy) for the position of head of the region);

▪ application of liability measures to government bodies of constituent entities of the Russian Federation for violation of federal legislation.

State authorities of constituent entities of the Russian Federation may be liable not only to the population of their region (in particular, in the form of recalling a deputy of a legislative (representative) body to another state authority of this subject within the framework of a system of "checks and balances" (expression of no confidence in the head of the region and some other officials of the highest executive body of state power by the legislature and the early termination of the powers of the latter by an act of the head of the subject of the Russian Federation), but also before the federal state authorities on their initiative for violating federal law. In the latter case, we are talking about the dissolution of the legislative body of the subject of the Russian Federation and removal from office The procedure for applying these measures of responsibility is quite complicated, and so far they have not been applied in the practice of federal relations in Russia.

The basis for the dissolution of the legislative (representative) body of state power of a constituent entity of the Russian Federation is a complex legal structure, including the following elements:

1) the adoption by the regional parliament of a constitution (charter), a law or other regulatory legal act that contradicts the Constitution of the Russian Federation, federal constitutional laws or federal laws (but not federal acts of a by-law nature and not the constitution (charter) of a constituent entity of the Russian Federation);

2) the establishment of such a contradiction exclusively in court (despite the jurisdictional and procedural possibility of courts of general jurisdiction not only to establish, but also to eliminate such contradictions, in accordance with the legal position of the Constitutional Court of the Russian Federation, set out in Resolution No. case on the verification of the constitutionality of certain provisions of the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation", as an obligatory prerequisite for the dissolution of the legislative body of a constituent entity of the Russian Federation should be the conduct of appropriate procedures in the order of constitutional proceedings, therefore, an obligatory element of the the legal composition is the decision of the Constitutional Court of the Russian Federation on the existence of a legal conflict between regional and federal legislation);

3) the expiration of a six-month period after the entry into force of the court decision, if the legislative body did not comply with the court decision within this period, in particular, did not cancel the unconstitutional (illegal) act or did not amend it;

4) mandatory establishment (also in court) of the fact that as a result of evading the execution of a court decision, obstacles have been created for the exercise of the powers of federal state authorities or local self-government bodies enshrined in federal law, or the rights and freedoms of a person and a citizen or the rights and legitimate interests of legal entities have been violated; persons.

The absence of one of the elements of this composition makes it impossible to apply the procedure for the dissolution of the regional parliament.

After that, the regional parliament is given a three-month period to eliminate the contradiction of its act with federal legislation. After this period, the President of the Russian Federation has the right to dissolve the legislative body of the subject of the Russian Federation (previously, the dissolution of the regional parliament could only be the result of the adoption and entry into force of a special federal law on the dissolution of a specific legislative body). And only the entry into force of the federal law entails the early termination of the powers of the legislature of the region. In the event of early termination of the powers of the legislative body of a constituent entity of the Russian Federation, early elections are scheduled to be held no later than 120 days after the entry into force of the federal law.

The basis for the dismissal of the head of a subject of the Russian Federation from office by the President of the Russian Federation is a composition that includes the following elements:

1) publication by the head of the region of a regulatory legal act that contradicts the Constitution of the Russian Federation, federal constitutional laws or federal laws;

2) establishing the fact of a contradiction in court or suspending the act of the executive authority of the constituent entity of the Russian Federation by decree of the President of the Russian Federation in accordance with Part 2 of Art. 85 of the Constitution of the Russian Federation;

3) the expiration of a two-month period from the date of entry into force of a court decision or the issuance of a decree of the President of the Russian Federation, during which the head of the region has not eliminated the contradiction. In case of suspension of the action of regional acts of executive authorities by the President of the Russian Federation, the head of the region has the right to apply to the appropriate court to resolve the dispute; however, the two-month period is not restrictive and the withdrawal procedure cannot be applied.

If there is such grounds, the President of the Russian Federation shall issue a warning to the head of the subject of the Russian Federation within a period not exceeding six months from the date of entry into force of the court decision or the publication of the decree of the President of the Russian Federation on the suspension of the regional act of the executive authority. If, within a month after the issuance of the warning, the head of the region does not eliminate the contradiction between regional acts of the executive branch and federal legislation, the President of the Russian Federation dismisses him from office. The decree of the President of the Russian Federation on dismissal (as well as on temporary suspension from the performance of duties on the proposal of the Prosecutor General of the Russian Federation in the event of criminal prosecution of the head of the region) is brought to the attention of the legislative body of the subject of the Russian Federation, and the head of the region, whose powers have been terminated or suspended, has the right to appeal against the issued decree in Supreme Court of the Russian Federation. In addition, the President of the Russian Federation has the right to dismiss the highest official of a constituent entity of the Russian Federation from office due to the loss of confidence of the head of state, as well as for improper performance of his duties (there is no clear procedure for these situations, and the decision on dismissal is made by the President of the Russian Federation at his own discretion) . Despite the fact that the procedure for dismissal of the head of a constituent entity of the Russian Federation is much simpler than the procedure for the dissolution of the legislature of the region (on the basis, terms, proper procedural aspects), it has not yet been applied in any of the constituent entities of the Russian Federation.

Author: Nekrasov S.I.

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