LawState and Law

Federative structure of Russia

The federal structure of Russia as a whole and its basic norms are established by the provisions of the First Chapter of the Constitution. The Basic Law can not be changed in the usual way. To change it, you actually need to adopt a new project. This situation is focused on the principles of the Federation in Russia, which do not allow a radical change in the existing system. The fundamentals of constitutionality extend the sovereignty of the country to the whole territory with all subjects without exception. The state structure of Russia provides for the supremacy of the Constitution on the territory of the whole country.

Only the Russian Federation has the right to ensure the inviolability and integrity of its territory and all the units that make up it.

The federal structure of Russia is based on constitutional principles. Among them it is necessary to distinguish:

  1. State integrity.
  2. Unity of the whole structure of state power.
  3. The distinction between the state authorities of the country and the authorities of the subjects on the subjects of their authority.
  4. Self-determination and equality of peoples of the Russian Federation.

All the subjects of the country are endowed with equality between themselves in the process of establishing relations with federal bodies. In securing equality for all entities, the Constitution establishes an equal and unified citizenship of the Russian Federation, regardless of the grounds for which it was acquired. The federal system of Russia provides for the existence of rights and freedoms, as well as equal responsibilities, established by the Constitution, throughout the country.

The main regulatory issues are reflected in Chapter 3. In particular, the text of Article 65 gives a complete list of subjects. In addition, the provision consolidates the national and territorial principle of their formation. This indicates the existence of federalism in conjunction with autonomy and unitarity. Thus, an integral federal structure of Russia as an independent, unified country is ensured. Important is the fact that in the text of the law the subjects are listed by name. This indicates that the introduction of any changes in the overall composition of the subjects will require at least a change in the content of the Constitution itself.

The state integrity of the country is understood as the absence of the right to secession from the Federation. Thus, the right of secession is realized. In connection with the fact that all the subjects belong to a single country, the territory of which includes all the territories of the subjects, the separation of any entity will indicate a violation of the integrity of the state. As a rule, in modern countries with the form of government in question, the law of voluntary withdrawal from the country is not provided for in the basic law. However, this right was provided for by the Constitutions of Yugoslavia, the USSR and Czechoslovakia. This situation was due to the Marxist-Leninist idea of the right of nations to self-determination, even to secession. Other Federations did not recognize this principle, however, even in socialist federations, there was no clear mechanism for translating the right of the subject to withdraw from the composition of a virtually centralized country unilaterally.

It should be noted that the absence of the right to voluntary withdrawal from the whole country does not contradict democratic principles and corresponds to the generally accepted trends in the world. However, along with this, the Constitution of the Russian Federation provides for the admission to the country and the formation of a new entity in accordance with the law.

In the Basic Law, the status of subjects is fixed. In accordance with it, the position of the republic as a subject is determined by the very Constitution of the country and the republic. In other cases, for example, for a city, province or region, in addition to the provisions of the Basic Law, the statutes of territorial entities are taken into account.

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