<<

Chapter 3. Federative Arrangement (Articles 65–79) 457

Chapter 3. Federative Arrangement

See also Art.5 Federative arrangement Article 65: List of subjects, admission of new subjects Art.65.1. The composition of the RF comprises the following RF subjects: the Adygeia (Adygeia), the Republic Altai, the Republic Bashkortostan, the Republic Buriatia, the Republic Dagestan, the Republic Ingushetia, the Kabarda-Balkar Republic, the Republic Kalmykia, the Karachai-Cherkess Republic, the Republic Karelia, the Republic Komi, the Republic Mari El, the Republic Mordovia, the Republic Sakha (Iakutia), the Republic North Ossetia- Alania, the Republic Tatarstan (Tatarstan), the Republic Tyva, the Udmurt Republic, the Republic Khakasia, the Chechen Republic, and the Chuvash Republic-Chuvashia; Altai , Krasnodar Territory, Krasnoiarsk Territory, Primor’e Territory, Stavropol’ Territory, and Khabarovsk Territory; Amur , Arkhangel’sk Province, Astrakhan’ Province, Belgorod Province, Briansk Province, Vladimir Province, Volgograd Province, Vologda Province, Voronezh Province, Ivanovo Province, Irkutsk Province, Kaliningrad Province, Kaluga Province, Kamchatka Province, Kemerovo Province, Kirov Province, Kostroma Province, Kurgan Province, Kursk Province, Leningrad Province, Lipetsk Province, Magadan Province, Moscow Province, Murmansk Province, Nizhnii Novgorod Province, Novgorod Province, Novosibirsk Province, Omsk Province, Orenburg Province, Orel Province, Penza Province, Perm’ Province, Pskov Province, Rostov Province, Riazan’ Province, Samara Province, Saratov Province, Sakhalin Province, Sverdlovsk Province, Smolensk Province, Tambov Province, Tver’ Province, Tomsk Province, Tula Province, Tiumen’ Province, Ul’ianovsk Province, Cheliabinsk Province, Chita Province, and Iaroslavl’ Province; Moscow and St. Petersburg as of federal signifi cance; the Jewish Autonomous Province; the Aga-Buriatia Autonomous Area, the Perm-Komi Autonomous Area, the Koriakia Autonomous Area, the Nentsia Autonomous Area, the Taimyr (Dolgania-Nentsia) Autonomous Area, the Ust’-Orda-Buriatia Autonomous Area, the Khantya-Mansia Autonomous Area, the Chukotka Autonomous Area, the Evenkia Autonomous Area, and the Iamal-Nentsia Autonomous Area. Art.65.2. The admission to, and the creation within, the RF of a new subject are carried out according to the procedure laid down by a federal constitutional law. An RF subject is free to change its names, but the name must not affect the foundations of the constitutional order. Const: names of subjects Article 137 interpretation 281195 Article 66: Constitutional status of RF subjects Art.66.1. The status of a republic is determined by the RF Constitution and by the constitution of the republic. 458 28 Review of Central and East European Law 2002-3 No.3/4

Constitution of republic. See also Art.125 Regional Constitution Charter The provisions on in the (not yet amended) Bashkortostan Constitution must be considered in their mutual relation with the 1994 Compact with the RF recognizing the special status of Bashkortostan within the RF. Const Bashkortostan: A Sovereign RF Subject 041000 Art.66.2. The status of a territory, province, of federal signifi cance, autonomous province, and autonomous area is determined by the RF Constitution and the charter of the territory, province, city of federal signifi cance, autonomous province, and autonomous area adopted by the legislative (representative) organ of the relevant RF subject. Charter of subject. See Art.125 Regional Constitution Charter Autonomous areas Art.66.3. A federal law on the autonomous province or an autonomous area may be adopted upon submission by the legislative and organs of the autonomous province or autonomous area. Art.66.4. The relations of an autonomous area that is located within a territory or province may be regulated by a federal law and a compact between the organs of state power of the autonomous area and the organs of state power of the relevant territory or province. An autonomous area is a direct RF subject and does not belong to the province in which it is located from a territorial point of view. Its secession from the province does not affect the provincial borders. Const: Chukotka ruling 110593 Relations of the province and an autonomous area are regulated on the basis of a federal law and/or a compact (compacts) between the organs of state power of the area and the prov- ince. Const: Tiumen Charter decision 170796 As long as a compact between an autonomous area and the province is not concluded, the law of the province prevails. Const: autonomous areas Article 66 140797 Autonomous areas may leave the province in which they are located. Const: autonomous areas Article 66 140797 The territory and population of an autonomous area belong to those of the province, and their populations are entitled to participate in provincial . Const: autonomous areas Article 66 4 interpretation 140797 Art.66.5. The status of an RF subject may be changed by mutual consent of the RF and the RF subject in accordance with a federal constitutional law. RF subject: its status A republic does not have the right to secede from the RF or the right to change its consti- tutional status unilaterally; it must be the result of a negotiating process between the RF and the interested subject. Const: Tatarstan referendum ruling 130392 Tatarstan is entitled to organize a referendum on its state status if it is clear that it is a state within the RF. Const: Tatarstan referendum ruling 130392 The RF Constitutional Court acknowledged that changes in the “state status” of a republic are possible and that the republic is entitled to raise this question because it is derivative of the right of a people to self-determination. Const: Tatarstan referendum ruling 130392