Federalism: Problems, Contradictions and Prospects of Vicissitudes
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Abstract
Authors of this article seek to analyze and to evaluate the models of federalism, which are the objects of theoretical and practical discussions in the Russian Federation.
The first problem – theoretical discourse: if the Russian Federation changes its federal essence. There are two strong opposing directions of Russian federalism models. When Federal Treaty was signed in 1992, there appeared theoretical propositions, that its implementation changes legal nature of the Russian Federation. That kind of attitude is influenced by historical circumstances and is related to the limits of the authority powers between the central public institutions of the Russian Federation and the lower level subjects of these institutions. The second problem – the functions and the dysfunctions, which derive from the practical implementation of the Russian Federation Treaty. That kind of implementing situation is influenced by the different attitudes to the Constitution of the Russian Federation and to the Federal Treaty. The first one means the fetishism of the main idea of “contractual federation”. The Treaty takes first place and the Constitution takes second place, it means that the Treaty is the major act. The second attitude accepts equality of the main legal acts. The Constitution and the Treaty are the acts of the same legal level.
On the authors mind it is necessary to use rules of the Constitution. If appears the conflict between the Constitution and the Federal Treaty, holds true the norms of the Constitution.
The third problem – the collision between the changes of Russian federalism and the legislation. Here it is possible to pay attention to the contradictions between the legal acts of the Russian Federation and the rule of federal subjects legislation, changeable increment of the legal acts both in the Russian Federation in general, and in the activities of federal subjects. Because of these aspects quality of enactments is low.
One of the negative factors is that some of the regions in the Russian Federation are like from the different epochs. The presidents of the republics and the regional governors, who still think in the soviet style, the elimination of the single-party system saw like the absolute freedom of the actions. According to this the biggest danger is legal separatism.
Here that sort of legal separatism means the disorganization of the Russian Federation legal system. The structural part of this disorganization is regional opposition denying political, legal, economical attitudes of the Russian Federation
The first problem – theoretical discourse: if the Russian Federation changes its federal essence. There are two strong opposing directions of Russian federalism models. When Federal Treaty was signed in 1992, there appeared theoretical propositions, that its implementation changes legal nature of the Russian Federation. That kind of attitude is influenced by historical circumstances and is related to the limits of the authority powers between the central public institutions of the Russian Federation and the lower level subjects of these institutions. The second problem – the functions and the dysfunctions, which derive from the practical implementation of the Russian Federation Treaty. That kind of implementing situation is influenced by the different attitudes to the Constitution of the Russian Federation and to the Federal Treaty. The first one means the fetishism of the main idea of “contractual federation”. The Treaty takes first place and the Constitution takes second place, it means that the Treaty is the major act. The second attitude accepts equality of the main legal acts. The Constitution and the Treaty are the acts of the same legal level.
On the authors mind it is necessary to use rules of the Constitution. If appears the conflict between the Constitution and the Federal Treaty, holds true the norms of the Constitution.
The third problem – the collision between the changes of Russian federalism and the legislation. Here it is possible to pay attention to the contradictions between the legal acts of the Russian Federation and the rule of federal subjects legislation, changeable increment of the legal acts both in the Russian Federation in general, and in the activities of federal subjects. Because of these aspects quality of enactments is low.
One of the negative factors is that some of the regions in the Russian Federation are like from the different epochs. The presidents of the republics and the regional governors, who still think in the soviet style, the elimination of the single-party system saw like the absolute freedom of the actions. According to this the biggest danger is legal separatism.
Here that sort of legal separatism means the disorganization of the Russian Federation legal system. The structural part of this disorganization is regional opposition denying political, legal, economical attitudes of the Russian Federation
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
