Legal Inequality of the Subjects of the Russian Federation and the Problems of Ensuring the Unity of the Legal Space

Abstract

Simultaneously with the evolution of the modern Russian state, federal relations are also developing. Since 2000, one of the priorities of state development has been to ensure the unity of the Russian state. This task was realized through the formation of a unified legal system, ensuring the unity of the system of public authority, the unity of the status of the individual throughout the state, the sovereignty and state integrity of the Russian Federation, the supremacy of the Constitution of Russia and federal laws throughout its territory, the unity of the economic space. The concept of «unity of legal space» has steadily entered the constitutional and legal matter, the study of which is devoted to quite a few theoretical studies. No less than practical studies reflecting the results of the ongoing work to ensure the unity of the legal space in Russia. It is impossible to carry out such a policy without ensuring genuine legal equality of the regions that make up the Russian Federation. The diverse and numerous composition of the subjects of the Russian Federation, the diversity of their interests, factors of law-making and law enforcement practice have given rise to a multidimensional phenomenon consisting in the presence of different rights (opportunities) of the subjects of the Russian Federation implemented in the field of law-making (in the presence of uniformly established their subjects of competence and powers), to which the federal center reacts differently. The existence of such a practice indicates a violation of the principle of equality of the subjects of the Russian Federation among themselves (Part 1 of art. 5 of the Constitution of Russia) and in relations with federal state authorities (Part 5 of Article 5 of the Constitution of Russia). Such a view (approach) in research on the legal equality of the subjects of the Russian Federation and ensuring the unity of the legal space is innovative. The article reveals the depth of differences, the reasons and motives for the occurrence of such examples, and also suggests a mechanism for their settlement, using numerous practical examples, including based on the author’s experience.