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Subjects of the State Within the Russian Federation: Constitutional and Legal Framework Dmitriy Yu

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Subjects of the State Within the Russian Federation: Constitutional and Legal Framework Dmitriy Yu INTERNATIONAL JOURNAL OF ENVIRONMENTAL & SCIENCE EDUCATION 2016, VOL. 11, NO. 17, 10265-10277 OPEN ACCESS Subjects of the State within the Russian Federation: Constitutional and Legal Framework Dmitriy Yu. Tumanov, Rinat R. Sakhapov Kazan Federal University, Kazan, RUSSIA. ABSTRACT The purpose of this study is to analyze the modern problems of federalism in the Russian Federation. In particular, the article examines the main provisions of the Constitution of the Russian Federation, which regulate the legal status of subjects in the Russian Federation, their rights and responsibilities, limits of autonomy and differentiation principles of conducting and mutual delegation of powers between the Federal bodies and regional bodies of state power and administration. The study is based on methods, such as systematic, formal-logical, concrete- historical method of comparative legal analysis. The complexity of the provisions’ implementation of the Constitution of Russia is dictated by several factors, one of which is the feature of formation and development of government forms. In our state, there are a lot of subjects with their national and cultural characteristics and distinctive history, significantly distinguishing the current situation - economic, political, and legal – of some subjects from others. This work deals with the topic of the legal status of republics (States) in Russia from the point of view of their characteristics as a state, relying primarily on provisions of the Russian Constitution and the constitutions of several subjects in Russia. KEYWORDS ARTICLE HISTORY Delegation of authority, democratic state, Received 29 March 2016 the Constitution of the Republic of Tatarstan, Revised 8 September 2016 the Russian Constitution, a legal state. Accepted 30 October 2016 Introduction The presence of a democratic Constitution and, more importantly, the implementation of the democratic provisions of the Constitution of Russia guarantees the stability of any state. The complexity of the implementation of the provisions of the Constitution of Russia is dictated by several factors, one of which is the feature of formation and development of the form of government (Andrichenko & Yurtaeva, 2013; Biondi, 2014; Burgess & Cagnon, 1993). In our state a large number of subjects with their national and cultural characteristics and distinctive history, significantly distinguishes the current situation - economic, political, legal – some subjects from others, this situation is similar to many Federal States, such as India, USA, Canada (Majeed, 2005; Falco & Bagala, 2014; Rubin, 2001). In CORRESPONDENCE Rinat R. Sakhapov [email protected] © 2016 Tumanov et al. Open Access terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/) apply. The license permits unrestricted use, distribution, and reproduction in any medium, on the condition that users give exact credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if they made any changes. 10266 D.YU. TUMANOV ET AL. this article in honor of the 20th anniversary of the Russian Constitution, raised the issue of the legal status of republics (States) in Russia from the point of view of their characteristics as a state, relying primarily on provisions of the Russian Constitution and the Constitution of the Republic of Tatarstan. The diversity of forms and characteristics of subjects of Russia, and their harmonious existence within a single state is due to the rule of constitutional law (Gerasimova, 2015; Gorbacheva, 2013; Kakitelashvili, 2015). According to rule 1 of the Constitution of the Russian Federation, Russian Federation - Russia is a democratic Federal legal state with a Republican form of government (The Constitution of the Russian Federation, 2008). Thus in rule 4 of the Russian Constitution States that the sovereignty of the Russian Federation extends to its entire territory (The Constitution of the Russian Federation, 2008; Kakitelashvili, 2015). The Constitution of the Russian Federation and Federal laws shall have supremacy throughout the Russian Federation. The Russian Federation provides integrity and inviolability of its territory. Through the study of the legal status of the constituent entities in Federal States, we can offer the world of science to improve the principles and foundations of Federal relations, improve the mechanism for the realization of the equality of the rights of subjects of Federal States. Many aspects of the organization and activities of modern Federal States can be improved using historical experience of formation and development of the form of government (Rubin, 2001; Gorbacheva, 2013; Matveev et all., 2016). We hope that the study of foreign and domestic experience of the organization of Federal principles, identifying strengths and weaknesses, will be our contribution to world science, world law. The scientific novelty of this work lies in the fact that the first attempt of a comprehensive analysis of the legal status of subjects of the Russian Federation from the point of view of their classification as independent states. Not only the Republic as part of Russia, but also other actors have almost the totality of the symptoms of the state, but do not, of course, to lose sight of two very important characteristic is citizenship and international sovereignty. These questions are referred to the exclusive competence of the Russian Federation, as only Russia has the right to participate in the international legal and political relations. Moreover, in accordance with paragraph 1 of rule 6 of the Constitution of the Russian Federation, the Russian Federation citizenship shall be acquired and terminated according to Federal law, shall be indivisible and equal regardless of the grounds of acquisition, i.e. in Russia, a single citizenship is established and that is a matter for the exclusive competence of Russia. Foreign experience and its implementation in Russia. The principle of federalism is one of the most important principles in many developed countries, especially in the United States of America. It has a significant impact on all constitutional and legal institutions in the United States. It is the basis to build all the bodies of state power in relations with civil society (Burgess & Cagnon, 1993; Falco & Bagala, 2014; Rubin, 2001). In this regard, a very important INTERNATIONAL JOURNAL OF ENVIRONMENTAL & SCIENCE EDUCATION 10267 experience in the implementation of the principle of federalism and the building of Federative relations in foreign countries for the improvement of this institution in Russia. In foreign countries the principle of federalism means that the state simultaneously exist, the Federal government and the governments of the constituent entities, each of which exercises power within their sphere of influence. In the United States these powers as follows: powers of the Federal authorities in the framework of the Constitution of 1787 is restricted to a relatively small range of issues of special importance. Other issues according to the X amendment to the U.S. Constitution, enacted in 1791, are the responsibility of States (Falco & Bagala, 2014). Domestic experience. In the Russian Federation established the principle of mutual responsibility of the Federal center and the subjects, which allows a guaranteed policy, ensuring the rights and freedoms of citizens (Gerasimova, 2015; Kakitelashvili, 2015). In Russia significantly when building Federal relations takes into account the historical peculiarities of development of different Nations and nationalities whether or not they distinctiveness, for example, when building relations between Moscow and Kazan, between Russia and Republic of Tatarstan. Aim of the Study To consider modern problems of federalism Research questions What are the features of Federal structure of Russia? Methods In every scientific work, methodology is important because it is designed to provide a true system of assumptions and approaches, theoretical principles and methods in the cognition of its subject. When studying forms of government, principles of Federal relations and the legal status of subjects of Russia, was widely used by the general scientific, philosophical, and specifically the general social-scientific methods. Among philosophical methods, applies a universal method of cognition of reality – materialistic dialectics (general interrelation and development), because historical analysis is a cash reality, existing outside the consciousness of the researcher. The next method we used was the chronological method, the essence of which is that all the research is built in a strictly defined chronological sequence. The use of this method in research allows identifying the sequence and continuity of the factors that determine the development of state-legal phenomena. Widely this study uses comparative legal method, which, as known, is in the comparative analysis. This method is an important tool in identifying and using 10268 D.YU. TUMANOV ET AL. the positive experience that builds up to a certain stage, helps to identify the most effective models of public-legal regulation. The system-structural method, which is due to the fact that the object of study is the emergence, formation and development of the jury system, which is a rather complex system within which a set of elements is interconnected in a strict hierarchical system and structural relationships. This study uses the statistical
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