Regional law-making: the problem of distinguishing the subjects of jurisdiction of the Russian Federation and its subjects

Abstract

The article deals with the problem of distinguishing the subjects of jurisdiction of the Russian Federation and its subjects, the constitutional and contractual grounds for determining the subjects of exclusive and joint jurisdiction, analyzes the validity and effectiveness of the residual principle of determining the subject of exclusive jurisdiction of the subjects of the Federation. The author summarizes and systematizes (records) the legislative practice of the Samara region in the period since 1998. Currently, it highlights the main directions of legislative regulation, taking into account the specifics and needs of this region. The presented article defines the main trends of regional law-making, expressed in the high law-making activity of senior officials of the subjects of the federation; duplication of the provisions of federal legislation; the formation of the practice of legislative regulation related to the conduct of subordinate rule-making, as well as the practice of «advanced» regional law-making. At the same time, the author comes to the conclusion that the established practice of regional law-making can serve as a basis for determining the subject matter of the subjects of the federation and ensure the most effective management within the competence of the authorities of the subject of the federation in order to meet regional needs, subject to compliance with the requirements of unity of goals, objectives, principles of law-making activity throughout the country, unity of techniques, methods and means of legal law-making techniques both at the federal and regional levels.