Constitutional issues of russian federalism

Abstract

This article addresses a problem of the form of government of Russia as a constitutional state. Even in the Russian political and legal thought in the second half of XIX - early XX century, the main debate was between supporters of federalization and the so-called autonomy of certain territories of Russia. The first thought that the Federation allows us to give a legal response to the challenges of nationalism and proletarian internationalism in the Bolshevik version. The latter believed that in the Russian Empire at that time there were no territory of equal size that could exist independently, and therefore to act as full-fledged subjects of the federation. Modern Russia, according to the 1993 Constitution, is a federal state. The concretization of the principles of Russian federalism performed in Chapter 3 of the Constitution in Art. 71, which sets out the objects of the exclusive jurisdiction of the Russian Federation; Art. 72, which lists the subjects of joint jurisdiction of the Russian Federation and the Russian Federation, as well as in art. 73, which establishes that outside the jurisdiction of the Russian Federation and the RF power to the joint jurisdiction of the Russian Federation and the subjects of the RF subjects of the Russian Federation shall possess full state power. However, the economic, social and political differentiation of regions that differ significantly from each other on the living conditions of citizens and labor rise to doubts aboutthe fairness of the existing system. Endowment of most subjects of the federation, and, consequently, their dependence on subsidies of the federal government, leaving no place for the realization of the interests of territorial public collectives living in the Federation. The current system of federal relations in modern Russia is more consistent with the concept of Russian jurists of the early twentieth century of autonomy than with federalism. And accordingly, it generates the same antinomy in the theory and the negative effects in practice. To overcome them must apply to the basic principles of constitutionalism as a form of legal: freedom and justice based on the recognition of equal human dignity. Federalism in a constitutional state is based on the totality of territorial public collectives having legal capacity. Therefore, no joint terms of jurisdiction of the center and subjects of federation in the federal constitutional state under Art. 72 of our Constitution cannot exist, since thereby seriously limit legal capacity of members of the federation.