Constitutional and legal status of a federal subject in the Republic of Iraq and in the Russian Federation: a comparative legal study

Waleed Taha Akram Toghramchy,Nahro Khasro Hussein,G.I Muromtsev,S.B Zinkovskii

doi:10.1051/shsconf/202111802020

Waleed Taha Akram Toghramchy, Nahro Khasro Hussein + Show 2 more

Open Access

https://doi.org/10.1051/shsconf/202111802020

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Abstract

The constitutional and legal status of subjects of various federations is the issue considered by many scientists, but the area of comparative legal research remains poorly studied. The article considers the basics and features of the constitutional and legal status of the subjects of two federations that are at the stage of formation as democratic and legal states: the Russian Federation and the Federal Republic of Iraq. The purpose of the comparative study is to identify common and different elements of the constitutional and legal status of the subjects of two states and to identify on their basis a model of the constitutional and legal status of a subject of a modern, democratic, and rule-of-law state. The work is based on the comparative-legal research method. The study reveals differences in the ways of achieving the goal of building a federal state in the Russian Federation and in the Republic of Iraq. It also determines the foundations and features of the constitutional and legal status of the subjects of the two federations. The analysis of the main constitutional and legal norms establishing the procedure for the division of powers between federal and regional state authorities is carried out. The study results allow concluding that it is necessary to amend the constitutional legislation of the Republic of Iraq in order to expand the constitutional and legal status of the subjects and improve federal relations within the country.

Highlights

The federal structure of developing countries is currently undergoing a stage of its evolution, which has its own characteristics depending on the economic and political situation in the region
This study aims to analyze these differences using the example of two countries – the Federal Republic of Iraq and the Russian Federation
The following researchers have discussed in their works the constitutional and legal status of subjects of the Russian Federation and subjects of the Federal Republic of Iraq: Dudko [1], Kazakova [2], Lebedev [3], Motalebi [4], Salwan [5], and others

Summary

Introduction

The federal structure of developing countries is currently undergoing a stage of its evolution, which has its own characteristics depending on the economic and political situation in the region. Most developing countries that tend to implement the generally recognized principles of a democratic state and constitutional legal order on their territory do not always manage to ensure that public authorities comply with the rules, which are necessary to achieve legal heights. The main difference is related to the constitutional and legal consolidation of this status, which does not correspond to the generally recognized norms and standards of a democratic and legal state. The following researchers have discussed in their works the constitutional and legal status of subjects of the Russian Federation and subjects of the Federal Republic of Iraq: Dudko [1], Kazakova [2], Lebedev [3], Motalebi [4], Salwan [5], and others

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Conclusion