俄罗斯联邦统一公共权力体系的宪法和法律基础(地区方面)

IF 0.2 Q4 LAW
O. A. Kozhevnikov, A. V. Chuklin
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引用次数: 0

摘要

在本研究的框架内,分析了在不同科学知识领域背景下理解公共权力的理论方法。在这项工作的过程中,注意到宪法方法,根据该方法,俄罗斯联邦统一的公共权力系统包括两个独立但相互作用的层面:州和市。在这方面,应当指出,在制定宪法条款时通过的联邦立法大大扩大了这种做法,实际上建立了三级公共权力制度。因此,证明在俄罗斯联邦各主体中存在统一的公共权力制度的问题正在成为现实。采用系统逻辑的研究方法,在工作中分析了2021年12月21日第414-FZ号联邦法“关于俄罗斯联邦主体公共权力组织的一般原则”的规定,该规定规范性地确立了俄罗斯联邦主体公共权力统一体系的范畴。上述联邦法律的某些条款彼此之间以及与其他联邦立法不完全一致,包括在对统一公共权力制度的宪法和法律理解方面。与此同时,需要注意的是,领土原则不能作为分配独立的区域一级公共权力的基础,因为公共权力的派生是基于对“国家”和“国家地位”的理解,在俄罗斯联邦主体平等的基础上作为一项宪法原则,这使得俄罗斯联邦主体的公共权力系统中不可能有不同比例的系统内联系。通过正式的法律途径,可以根据对俄罗斯联邦主体的国家权力机构在统一的公共权力体系中的地位的理解,追踪俄罗斯联邦主体的宪法(成文法)立法变化的动态。俄罗斯联邦各主体的宪法(成文法)立法的各种规范性变化,旨在使其与同一宪法文本保持一致,这表明对俄罗斯联邦各主体的国家权力制度在该国统一的公共权力制度中的地位缺乏明确和统一的理解。因此,它指出,发展是一个统一的方法基于俄罗斯联邦宪法法院的位置,这是强制性的立法活动的所有主题,内容类别的“统一的公共权力体系在俄罗斯联邦”完全有能力确保目标形成第3部分中所述的俄罗斯联邦宪法第132条符合宪法原则和规范。对此,在俄罗斯统一的公权力体系框架内,我们不应该在俄罗斯联邦各主体中谈论独立的统一的公权力体系,而应该着眼于在我国全境形成统一的公权力体系。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Constitutional and legal foundations of the unified system of public power in the Russian Federation (regional aspect)
Within the framework of this study, theoretical approaches to understanding public power in the context of various areas of scientific knowledge are analyzed. In the course of this work, attention is drawn to the constitutional approach, according to which the unified system of public power in the Russian Federation includes two independent, but interacting levels: state and municipal. In this regard, it is noted that the federal legislation adopted in the development of constitutional provisions significantly expands this approach and actually establishes a three-level system of public power. As a consequence, the problem of substantiating the existence of a unified system of public power in the subjects of the Russian Federation is being actualized. Using the system-logical method of research, the provisions of Federal Law No. 414-FZ of December 21, 2021 "On the general principles of the organization of public power in the Subjects of the Russian Federation", which normatively establish the category of a unified system of public power in the subject of the Russian Federation, are analyzed in the work. Certain provisions of the said federal law are not fully consistent with each other and with other federal legislation, including with regard to the constitutional and legal understanding of the unified system of public power. At the same time, attention is drawn to the fact that the territorial principle cannot underlie the allocation of an independent regional level of public power, since the derivation of public power from the understanding of "state" and "statehood", on the basis of equality of the subjects of the Russian Federation as a constitutional principle, makes it impossible to have a different ratio of intra-system connections in the systems of public power in the subjects of the Russian Federation. The formal legal approach made it possible to trace the dynamics of changes in the constitutional (statutory) legislation of the subjects of the Russian Federation, depending on the understanding of the place of state authorities of the subjects of the Russian Federation in the unified system of public power. Various normative variations of the constitutional (statutory) legislation of the subjects of the Russian Federation, aimed at bringing it into line with the same constitutional text, indicates the absence of an unambiguous and uniform understanding of the place of the system of state authorities of the subjects of the Russian Federation in the unified system of public power in the country. Thus, it is noted that the development of a uniform approach based on the positions of the Constitutional Court of the Russian Federation, which are mandatory for all subjects of legislative activity, to the content of the category "unified system of public power in the Russian Federation" is fully capable of ensuring the goal of its formation stated in Part 3 of Article 132 of the Constitution of the Russian Federation in compliance with all constitutional principles and norms. In this regard, within the framework of the unified system of public power in Russia, we should not talk about independent unified systems of public power in the subjects of the Russian Federation, but should focus on the formation of a unified system of public power throughout the territory of our state.
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