The Russian Constitution and the evolution of federal relations
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The Russian Constitution and the evolution of federal relations
Annotation
PII
S102694520018758-4-
Publication type
Article
Status
Published
Authors
Thalia Y. Khabrieva 
Occupation: Director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
Affiliation: Institute of Law and Comparative Law under the Government of the Russian Federation
Address: Russian Federation, Moscow
Edition
Pages
66-76
Abstract

The model of federal relations enshrined in the Constitution of the Russian Federation is constantly evolving as a result of the development of legislative regulation and the practice of its application. The article analyzes its development in the period 2000 - 2003 on the basis of the Federal Law “On the general principles of the organization of legislative (representative) and executive bodies of state power of the subjects of the Russian Federation”, in particular, such changes as the introduction of the institute of federal influence (coercion); clarification of the role of contracts and agreements concluded between the executive authorities of the Russian Federation and the subjects of the Federation in regulating federal relations; improvement of the division of powers between the federal center and the subjects of the Federation, including budgetary federalism. Russian federalism is regarded as cooperative, the legal space of which cannot be formed without the participation of the subjects of the Federation. The author substantiates that in the sphere of joint management, federal public authorities should be guided by the principle of “reasonable restraint” and not intrude into those relations that a subject of the Russian Federation can regulate without prejudice to the qualitative fulfillment of the tasks of public authority. At the same time, the subjects of the Federation should not emphasize their specifics, it is necessary to proceed from the principle of consolidation of legislation, the creation of uniform rules operating in a single economic space. The author comes to the conclusion that the incompleteness of the constitutional regulation of federal relations allows them to evolve in different directions, to look for an optimal model of the federal structure for Russia.

Keywords
Constitution of the Russian Federation, federal relations, institution of federal influence (coercion), contractual regulation of federal relations, separation of powers between the Federation and subjects, budgetary federalism
Acknowledgment
The article was published in the journal “State and Law” (2004), No. 8, pp. 5–13. Abstract and key words are compiled by Doctor of Law T.A. Vasilyeva.
Date of publication
23.03.2022
Number of purchasers
15
Views
987
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Previous versions
S102694520018758-4-1 Дата внесения правок в статью - 22.03.2022
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References

1. Walter R. Problems of Federalism in the Federal Republic of Germany // In: Modern German Constitutionalism. M., 1994. P. 12 (in Russ.).

2. Vitruk N.V. Constitutional justice in Russia. 1991 - 2001. M., 2001. P. 161, 272 (in Russ.).

3. Polenina S.V. Lawmaking in the Russian Federation. M., 1996. p. 74 (in Russ.).

4. Federalism and interethnic relations in modern Russia: Materials of the All-Russian Scientific and Practical Conference May 27 - 28, 1994. M., 1994. P. 121 (in Russ.).

5. Cherepanov V.A. Constitutional and legal foundations of the division of state power between the Russian Federation and its subjects: abstract ... Doctor of Law. M., 2004. P. 36, 37 (in Russ.).

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