俄罗斯的联邦制:现状和新趋势

M. Salikov
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引用次数: 1

摘要

本文从理论和规范的角度对现代俄罗斯联邦关系现象进行了考察。通过对联邦制、联邦制、联邦制等相关范畴的研究,得出联邦关系是任何联邦制的核心,而联邦关系本质上是纯粹的法律关系。正是对这些关系发展动态的分析显示了特定联邦制度的可行性。运用系统论的概念,揭示了联邦关系的主体、客体和内容结构。反过来,运用横向和纵向权力分立的原则可以揭示联邦关系的内容。在这方面,不仅是规范性规定(宪法、联邦和地区法律),而且司法实践也非常重要:即俄罗斯联邦宪法法院的裁决,它在具体案件中作出了大量揭示联邦关系本质和解决存在问题的裁决。联邦制度的发展,以及因此而产生的实际联邦关系,可以从制度和监管性质的例子中追溯到。这种发展的生动例子是与联邦新组成实体的形成和联邦新组成实体的采用有关的联邦制度的结构变化。这种例子发生在现代俄罗斯,尽管在现行管理框架内采用新实体的情况下,发现了某些问题,应当通过对有关这种采用程序的法律作出适当修正来消除。不幸的是,COVID-19大流行几乎影响了世界上每个国家。在这种特殊情况下,联邦中心与联邦组成实体之间的关系也受到了影响,并发生了一定的变化。他们的分析只能导致在未来发生类似情况时纠正联邦关系的规范性规定。对俄罗斯联邦宪法的修正影响了公共关系的广大阶层。联邦关系也不例外,因为宪法的“联邦结构”部分包含了许多相当有趣的变化。
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Federalism in Russia: Current State and Emerging Trends
The article considers the phenomenon of federal relations in modern Russia from a theoretical and normative point of view. Studying related categories, such as federalism, federation and federal system, the author comes to the conclusion that it is federal relations, which by their nature are purely legal relations, are the core of any federal system. It is the analysis of the dynamics of development of these relations that shows the viability of a particular federal system. Using the concept of systems theory, the author reveals the structure of federal relations, which includes their subjects, objects and content. In turn, the content of federal relations can be revealed using the principles of both the horizontal and the vertical separation of powers. In this regard, not only normative regulation (the Constitution, federal and regional laws), but also judicial practice are of great importance: namely, decisions of the Constitutional Court of the Russian Federation, which handed down a significant number of decisions revealing the essence of federal relations in specific cases and resolving existing problems. The development of the federal system, and, consequently, the actual federal relations can be traced in examples of an institutional and regulatory nature. Vivid examples of this development are structural changes in the federal system associated with the formation of a new constituent entity of the federation and the adoption of a new constituent entity in the federation. Such examples have occurred in modern Russia, although in the case of the adoption of new entities in the current regulatory framework, certain problems are found that should be eliminated by making appropriate amendments to the law governing the procedure for such adoption. The COVID-19 pandemic, unfortunately, has affected virtually every nation in the world. The relationship between the federal center and the constituent entities of the federation in such an extraordinary situation has been affected too and has undergone certain changes. Their analysis cannot but lead to a correction of the normative regulation of federal relations in the event of similar situations in the future. Amendments to the Constitution of the Russian Federation have affected a large layer of public relations. Federal relations are no exception, since the “Federated Structure” section of the Constitution includes a number of rather interesting changes.
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