Russian Federalism Research Articles

Russian federalism as a preimage of the future global multi-polarity

The article represents the author’s effort to extract a key national and cultural particularity of the Russian federalism model. Taking into account a historical experience of the federative development in Russia as well as the traditions of the Russian school of federalism, it is concluded that the key particularity of the Russian federalism is not concerning just an utilitarian distribution of powers and functions between federal and sub-federal authorities; it is first of all providing the equality of intra-societal dialogue, based on a reciprocal respect of the different ethnos and nations, forming together the multinational Russian people and, as a consequence, the united Russian state. In this context, the author arguing an idea that namely the Russian federalism model should be observed as a realistic preimage of the future multi-polarity in the changing world order.

Гармонизация федерального и регионального законодательства в России и проблемы государственного суверенитета

The article singles out stages in the development of Russian laws that are closely related to the establishment and elaboration of the contemporary national state sovereignty doctrine and Russian federalism.

Федерализм в свете отечественной судебной конституционной доктрины

The article examines the legal positions of the Constitutional Court of the Russian Federation in the field of federal relations, since the judicial constitutional doctrine is of great importance in creating today’s model of federalism in Russia, which at each specific historical stage of the development of federal relations, adapting to legal, socio-economic and life realities, undoubtedly contributed to overcoming legal problems arising in the relations of the center and regions.The principles formulated by the Constitutional Court of the Russian Federation in the field of federal relations in Russia are also highlighted.

Развитие федеративных отношений с позиции теории соотношения субъектов конституционного права

The present article is devoted to the transformation of modern federal relations through the prism of the theory of correlation of subjects of constitutional law developed by the author. It is concluded that genuine federalism in Russia has been noticeably strengthening in recent years, and therefore it is proposed to transform the system of law-making at the regional level, having previously conducted a kind of inventory of regulatory legal regulation at the level of the subjects of the Russian Federation.

К вопросу о конституционных основах советского федерализма и их преемственности в построении Российской Федерации

In this article, the author analyzes the features of the construction of federal relations in the Soviet period. The author characterizes the development of federalism after the creation of the Soviet state, reveals the peculiarities and difficulties of the formation of federal relations of this period. The author also analyzes the continuity in the modern model of Russian federalism of certain features of Soviet federalism. Based on the analysis of the historical development of Russian federalism, the author reveals the features of building federalism on the modern development of the Russian state, including the institution of federal intervention.

Правовое регулирование местного самоуправления в России и Аргентине

The article examines the legal basis for the organization of local self-government in two federal states — Russia and Argentina. It has been established that these countries have different approaches to the issue of distribution of powers between the federal center and regions in terms of regulating the activities of municipal authorities. This is largely due to the historical features of the development of federalism in Russia and Argentina. A distinctive feature of the Argentine approach is also that some municipalities may independently determine their own municipal regime within constitutionally established limits.

Constitutional and Legal Foundations for Ensuring the Unity of the Peoples of Russia as a Traditional Spiritual and Moral Value

The approval of the foundations of the state policy for the preservation and strengthening of traditional Russian spiritual and moral values has actualized the issues of their legal formalization. The applied scientific methods were dialectical, systematic and formal-legal methods that contributed to the identification of the features of the legal regulation of the analyzed concept of “the unity of the peoples of Russia”. The analysis of regional legal acts testifies to the diversity of legal regulation in the sphere of national policy. In the course of the study, it was found that the legal formulations “unity of peoples” and “the unity of a multinational people” do not quite coincide, the unity of peoples is defined as a goal, task, priority for the implementation of national policy in the constituent entities of the Russian Federation, and there is both “territorial” and a nationwide approach to the regulation of this issue. State unity, being the constitutional principle of Russian federalism, acts as an organizational condition for ensuring the unity of the peoples living on the territory of the Russian Federation.

PRINCIPLES OF ETHNO-FEDERALISM AND RELATIONS OF AUTOCHTHONOUS PEOPLES WITH RESOURCE-EXTRACTING COMPANIES IN RUSSIA AND CANADA

The issues of the study of ethnic federations are largely connected with the discussion of the question on integrative mechanisms and stability of this kind of federalism. The presented publication looks at the problem from the other side. The issue of interrelation of the rights of the indigenous population and mining companies in the context of ethical federalism in Russia and Canada is taken as a basis. For this purpose, the regulatory framework, institutional mechanisms and the practice of resolving relevant local conflicts are being considered. The assessment of the paradigm of corporate social responsibility "social license to operate" is given also in this context. As a result, the conclusion is made about the peculiarities of the influence of ethnic federalism on the relations of indigenous population with mining companies; separate factors influencing this are identified. At the same time, in Russia and Canada, the rights of autochthonous groups in their territories are still in the process of institutionalization, both due to the very slow recognition of legal rights over the land use in the case of autochthonous communities in Canada, and due to continuing restrictions by federal authorities or legislation.

Evolution of Russian Federalism: Stages, Trends, Prospects

Evolution of Russian Federalism: Stages, Trends, Prospects

Problems of Russian Federalism and “Rehabilitation” of the Empire

The concept of ‘empire,’ cleansed of an aggressively negative or a nostalgically positive emotional connotation, is useful in analyzing the experience of Russia’s national and regional policies in the 21st century.

Global'naya modernizaciya vs dezintegraciya: dinamika federativnyh otnoshenij v Rossii v 1990-h gg.

The article deals with the events of one of the most dramatic periods in the development of domestic federalism, associated with a radical restructuring of all the foundations of Russian statehood in the early 1990s. The main causes and consequences of decentralization processes are shown, which almost led to the disappearance of Russia as a single state. The content of individual alternative projects of the territorial-state structure of Russia is disclosed. Against the background of the identified shortcomings of the Soviet model of federal relations, the legal grounds laid down by the Federal Treaty and the Constitution of the Russian Federation of1993, which hinder the stable and progressive development of federalism in modern Russia, are shown.

Russian Federalism and Local Self-Government: Correlation Trends and Development Prospects

The issues of correlation and development of Russian federalism and local self-government in the conditions of building and strengthening a unified system of state power in modern Russia are considered. Based on the analysis of the current legislation and practice of the Constitutional Court of the Russian Federation, the "main" trends in the development of local self-government in the conditions of the constant development of Russian federalism and the building of a unified system of public power in Russia are revealed. It is shown that the federal foundations of the formation of the legal framework for the organization of local self-government are marked by a significant "tilt" towards the provision by the federal legislator to the regional authorities of a broad degree of independence in determining the "normative" features of the functioning of local self-government on the territory of the subject of the Russian Federation. The necessity of a more attentive attitude to the "embedding" of municipal power into the vertical of a unified system of public power, preserving the importance and necessary independence of local self-government in the system of formation and development of federal relations at the present stage of our state is proved. Otherwise, we may lose the identity of the local level of government not only in the system of state power, but also in the system of the Russian federalism model that has been established for more than 30 years.

Соотношение конституционно-уставных норм федерального и регионального законодательства, регулирующих статус субъектов Российской Федерации

The article is devoted to the research of a number of actual problems connected with the implementation of normative provisions of parts 1 and 2 of article 66 of the Constitution of the Russian Federation. The aim of the research is to develop theoretical foundations and to form scientific ideas about the constitutional and statutory regulation of the status of the subjects of the Russian Federation as a developing institute of modern constitutional law, which is to be considered in the dynamics of its genesis and taking into account the retrospective aspect.
 Research methods.In the process of research, the author successfully applied such methods as theoretical, general philosophical analysis (dialectics, systematic method, analysis, analogy, synthesis, observation and modelling). The legal methods (formal-logical), as well as sociological methods (statistical and expert evaluations) were taken as the basis for the author’s conclusions. The author pays special attention to the genesis of the essence and content of such concepts as «federal legislation» and «regional legislation». In order to assess the category of «federalism», the author uses the analysis specific to the assessment of cognitive and socio-economic characteristics of «federal relations», which, unfortunately, are often differentiated and sometimes even opposed.
 Research results. The relevance of the author’s research theme is proved by the need to guarantee the autonomy of the subjects of the Russian Federation in determining their status through constitutional and statutory regulation of social relations, applied simultaneously with the institutions of exclusively federal sovereignty, prohibition of secession and the possibility of federal intervention in extraordinary circumstances. It creates a constitutional balance between centralisation and decentralisation in federal relations based on the concept of «cooperative federalism» that is perspective for modern Russia. The author’s opinion on the correlation between the norms of federal and regional legislation of the subjects of the Russian Federation is substantiated and conclusions are drawn regarding the prospects for the development of the institution of federalism in Russia.

Federalism in Russia After 1991

This article examines the federalization process and the spread of federalism in Russia after 1991. The Russian federal system has undergone several changes since the collapse of the Soviet Union. It arose as a result of several contracts signed between the federal government and the subjects. The federal structure of Russia is asymmetric and characterized by conflicts due to the system of division of power between the federal government and the subjects. The creation of an institutional mechanism was done to facilitate the application of the federal principles effectively. The President’s full control over political affairs, foreign policy and the economy can harm the successful development of the federal state in Russia.

Without Love, Everything is Nothing: for the Anniversary of the Doctor of Historical Sciences Elizaveta N. Khantakova

The biography of the scientist is one of the most interesting sources by which we can talk about the state of Russian science and the dynamics of its development. Among the important biographies of regional science is biography of Elizaveta Khantakova, Doctor of Historical Sciences, Associate Professor of the World and Russian History Department at Banzarov Buryat State University, the State Award Laureate of the Republic of Buryatia (2012), author of more than 100 publications, including 7 monographs. The article is devoted to her main biographical stages and the key areas of scientific research, the main direction of which is the peculiarities of Russian federalism: the formation and development of the federal model of the country’s development in the 20th and 21st centuries, formation of the concept of the BMASSR/the Republic of Buryatia as a special administrative and territorial unit within the USSR/RF. The field of scientific interests of the researcher is constantly expanding and covers active participation in the search for a scientific solution to the problems of the university’s inclusive environment, the study of various forms of historical everyday life, the study of life and creativity of M. N. Khangalov, E. E. Tarmakhanov. These research interests have become the basis for attracting a number of talented young historians and teachers to scientific activity by E. N. Khantakova. Having studied historiographical sources, the authors came to the conclusion about multifaceted and profound Khandakova’s contribution to the science of Eastern Siberia.

The future of Russian federalism in the context of relations between Russia and partially recognized and unrecognized states of the post-Soviet space

The object of the study is the future of Russian federalism in the context of the possible inclusion of new subjects into the Russian Federation. The subject of this research is the probability of the Republic of South Ossetia, the Republic of Abkhazia, the Pridnestrovian Moldavian Republic and the Nagorno-Karabakh Republic becoming parts of Russia. The analysis is carried out through examining the history of the formation of the objects of research, their relationship with Russia and the comments of public administration officials on the prospects of these relationships. This research is relevant because of global transformation processes brought about by Russia’s special military operation. The scientific novelty of the work is proved by the absence of a comprehensive analysis of potential integration processes between the Russian Federation and the members of the partially recognized and unrecognized states of the post-Soviet space, caused by the aggravation of the international political situation. Based on the results of the analysis, different approaches to potential integration processes have been developed, among them are: Republics becoming a part of the Russian Federation following a referendum, the creation of a supranational entity or inclusion of the aforementioned state entities into an existing one. Following the executed analysis, the authors came to the conclusion that currently the most optimal form of unification, taking Russian interests and the foreign policy situation into account, is the entry of some of these states into a joint supranational entity with Russia, following the example of the Union State of Russia and Belarus.

Anti-sanction federalism

In recent years, the process of giving the heads of the constituent entities of the Russian Federation additional powers to overcome the consequences of emergency situations (such as the pandemic of the new coronavirus infection COVID‑19 or the introduction of illegal (“sanctions”) restrictive economic measures against the Russian Federation) has been actively developing. This allotment, in particular, was carried out by Presidential Ukases No. 239 of April 2, 2020 and No. 121 of March 16, 2022. The author believes that the trend indicated by them is a new one in the development of Russian federalism. At the same time, it should be noted that the measures taken in 2022 to ensure socio-economic stability were not limited to expanding the rights of the heads of the subjects of the Russian Federation, but also provided for a number of other measures that change the design of the system of relations between the federal center and the subjects of the Russian Federation. The article analyzes the content of the above-mentioned measures and activities from the perspective of the theory of state functions, they are regarded as manifestations of the dynamics of the federal function of the state.

ОЦЕНКА РЕАЛИЗАЦИИ НАЛОГОВОГО ФЕДЕРАЛИЗМА В РОССИЙСКОЙ ФЕДЕРАЦИИ

The modern development of the Russian Federation is aimed at further strengthening the legal foundations of federalism, in the context of which the issues of decentralization of the fiscal sphere become of greatest relevance. An important direction of the ongoing state policy of regional development remains to ensure the economic integrity and independence of territorial entities and strengthening their financial stability. Tax federalism, as a separate part of budgetary federalism, has not yet received wide theoretical coverage, which prevents its legal consolidation and effective implementation. The article provides an assessment of the current mechanisms of tax federalism in Russia, identifying constructive and destructive elements of its implementation. The key shortcomings of the applied mechanism for delimiting fiscal powers are shown more clearly and with reasoning, and recommendations are given for improving the model of tax federalism, taking into account the peculiarities of modern development.

Some features of federalism in Russia

Some features of federalism in Russia

Evolution des russischen Rechtssystems und der russischen Staatlichkeit seit der Jahrtausendwende

Under the condition of the full-fleged war of Russia against Ukraine, contemporary Russian state and law are attracting the attention of numerous international scholars. However, this attention is not driven by a desire to study the national functioning of the Russian state and its legal system, but rather by a desire to understand what developments have led the Russian state to the catastrophe of 2022. This article attempts to examine Russian law and the Russian state in terms of their main trends over the last 20 years. The topics “Abolition of federalism”, “Consolidation of presidential power”, “Ideologisation of state policy”, “Militarisation of public consciousness”, “Harsher repressive measures and abolition of freedom of expression”, “Possible return to the death penalty”, “Legislation on 'foreign agents'” as well as “Religious freedom” offer a kind of “kaleidoscopic” view of Russia's politico-legal landscape. Significant turning points are highlighted, providing insight into how, for example, changes in Russian federalism policy or in the position of the Constitutional Court regarding the death penalty in the Russian Federation are directly linked to the creation of dictatorship.