Improving the Legal Mechanism to Ensure the Legal Sovereignty of the Russian Federation as a Federative State

Abstract

AbstractPurpose: The scientific article is devoted to the study of ways to improve the legal mechanism for ensuring the legal sovereignty of the Russian Federation as a Federal state.Methodology: The authors applied system-structural, sociological, comparative-legal, formal-legal methods in the implementation of scientific research. Using the system-structural method, the main concepts used in the study of the problem were studied in their totality and the relationship of elements of the General system of ensuring the legal sovereignty of the Russian Federation as a Federal state. Using the sociological method, the authors analyzed the actual state of legal support for the protection of the legal sovereignty of our state. The comparison of elements of the system of ensuring legal sovereignty, conducted using the comparative legal method, allowed us to identify positive and negative aspects of the analyzed phenomenon in order to determine possible ways to improve the current legislation in the field under study.Results: The concept of “legal sovereignty” is revealed by analyzing the essential features that make up its legal content, namely, the supremacy of Federal legislation throughout the state, provided by state coercion; the derivation of legal sovereignty from the principle of belonging of all power in the Russian Federation to the people, which it exercises both directly and through state authorities and local governments; independence of the state's legislative activity from other States and other subjects of international law; indivisibility of legal sovereignty; exclusivity of legal sovereignty; inexhaustibility of legal sovereignty, which implies the absence of restrictions, in addition to those established in the Constitution of the Russian Federation (1993), in the implementation of legal regulation on the territory of the state. Based on the analysis of the above-mentioned features of the legal sovereignty of the Russian Federation, it is understood as an exclusive property of state power due to the power of the multi-ethnic Russian people, by virtue of which the Russian Federation has the right to implement legal regulation throughout its territory.Conclusions/Recommendations: The scientific article analyzes the elements of the legal sovereignty of the Russian Federation, and shows the relationship between the generic concept of “legal sovereignty of the Russian Federation” and its components – national legal sovereignty, regional legal sovereignty (legal sovereignty of the subjects of the Russian Federation) and local legal sovereignty (legal sovereignty of municipalities), judicial and non-judicial guarantees of the legal sovereignty of the Russian Federation are identified, and directions for improving the legislation regulating their implementation are proposed.KeywordsLegal sovereigntyState sovereigntyVertical of powerConstitutional reform in 2020Federal interventionJEL CodeK1