在联邦制和分权制国家的宪法中,中央、地区和市之间的管辖主体和权力的划分

IF 0.3 Q3 LAW
A.A. Merkulenko
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引用次数: 0

摘要

导言:联邦建设的根本问题是权限划分,权限划分是中央集权程度的标志。但是,哪些问题应该分配给各级政府(中央、地区、市),哪些问题需要共同解决,这些问题还不够明确。目的:在权力下放国家宪法的基础上,发展各级政府之间管辖权主体和权力划分的平均模式,用以评估中央集权的程度。方法:比较、描述、解释;形式逻辑与辩证逻辑;法律教条主义方法与法律规范的解释定量比较法。结果:得到了所述模型。地方权力的组织问题属于联邦管辖范围,而联邦权力的组织问题属于联邦管辖范围。外交政策和国防几乎完全是联邦事务。依法维护社会秩序,发挥中心决定性作用。经济的结构参数由联邦监管,但个别部门可能在联邦、地区或联合管辖范围内。社会问题以合作解决为主。教育、文化、语言和宗教往往成为地区管辖的主题。然而,知识密集型领域,如科学和高等教育,主要是联邦政府。在税收领域,收入来源的流动性越大,就越有可能在联邦层面征税。更可持续的收入来源按地区征税。结论:本研究的目的已经达到。许多管辖权的主体不能分配给某一级政府,因为宪法对这些问题提供了截然相反的答案。在宪法中很少注意到对市政权限的规定,这就是为什么在文章中经常将其与区域权限结合起来考虑。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
DIVISION OF SUBJECTS OF JURISDICTION AND POWERS BETWEEN THE CENTER, REGIONS AND MUNICIPALITIES IN CONSTITUTIONS OF FEDERAL AND DECENTRALIZED COUNTRIES
Introduction: the fundamental issue of federal construction is the division of competence, which serves as an indicator of the degree of centralization. However, it is not sufficiently clear what issues should be assigned to each level of government (the center, regions, municipalities) and what issues are to be addressed jointly. Purpose: on the basis of constitutions of decentralized countries, to develop an average model of division of subjects of jurisdiction and powers between the levels of government, which could be used to assess the degree of centralization. Methods: comparison, description, interpretation; formal and dialectical logic; legal-dogmatic method and interpretation of legal norms; quantitative comparative legal method. Results: the stated model has been derived. The issues of organization of regional power are subject to joint jurisdiction, while those related to the organization of federal power are within federal competence. Foreign policy and defense are almost entirely federal matters. Law and order are ensured jointly with the decisive role of the center. Structural parameters of the economy are regulated by the federation, but individual sectors may be within federal, regional, or joint competence. Social issues are mainly resolved cooperatively. Education, culture, language, and religion often become the subject of regional jurisdiction. However, knowledge-intensive spheres such as science and higher education are predominantly federal. In the tax field, the more mobile the source of income, the more likely it is to be taxed at the federal level. More sustainable sources of income are taxed by regions. Conclusions: the objectives of the study have been achieved. Many subjects of jurisdiction cannot be assigned to a certain level of government as constitutions provide diametrically opposite answers to these questions. Very little attention is paid in the constitutions to the regulation of municipal competence, which is why in the article it is often considered in combination with regional competence.
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