<<
>>

theory contours regionalistskogo the states as special form territorially-political system

Recognising regionalistskoe the state as the special form territorially-political system, is necessary to define those lines which distinguish it both from unitary, and from a federative state. Formation of three-level system of the territorial organisation of the public power which components are national, regional and local levels is peculiar to the Regionalistsky state.

Besides, as a result of considered change there is also a new regional level of the budgetary device, and also tax system of the state. Such structure of the territorial organisation of the public power does not meet in the unitary states and can be considered as a distinctive sign regionalistskogo the states.

At the same time occurrence in regionalistskom the state of three-level system of the territorial organisation of the public power considerably pulls together such states with the federal. Really, at the heart of the territorial organisation of the public power both in federations, and in regionalistskih the states the principle of federalism which «expresses idea politikoterritorialnogo divisions unlike territorial division in the unitary state» [175] is realised. Differently, the offered approach is based on that, as the federalism, and a regionalism mean politiko-territorial division (in the form of the subject of federation or a political autonomy accordingly) while in frameworks unitarizma it is possible only administrativnoterritorialnoe division. Owing to it to speak about a regionalism as a separate principle of the territorial organisation of the public power, in our opinion, it is not obviously possible, though the concept of a regionalism has been offered by the Italian researcher G.Abmrozini as alternative unitarizmu and to federalism [176]. At the same time is pleasant to notice, that the specified author carried to the states based on a principle of a regionalism, Spain (under the constitution of 1931) and the United Kingdom the Great Britain and Northern Ireland [177].

However unlike federation in regionalistskom the state, despite presence of three-level system of the territorial organisation of the public power, the relation between the centre and regions have one important feature caused by process of creation regionalistskogo of the state as a result of political autonomism in scales of all state. In due time domestic lawyer M.J.Lazerson has rather truly noticed, that «in an autonomy, i.e. part self-management, the centre of gravity of system of autonomies, meanwhile is seen as communication of separate parts between itself and with the state here recedes on a background» owing to what «at system of autonomies independence of separate parts separately dominates over sojuznostju these parts between itself» 183. This circumstance according to opinion of the quoted author also allows to distinguish the states constructed on the basis of an autonomy, from federations. After almost hundred years the given thought in the research is repeated also by I.V.Leksin. « Proceeding from etymology of the term "federation", - he marks, - it is represented proved to use it for a designation of the state existing in the legal validity in the form of several subjects of the right (them are actually federation as national level of the government and members of federation) which legal status allows them to act on certain questions as the parties of relations of allied character.

It sees the main conceptual property distinguishing federation from other difficult - including regionalistskih the states »184.

Thus, in regionalistskom the state, on the one hand, national and regional levels of the power, and with another - political autonomies forming such state, do not act «as the parties of relations of allied character». This circumstance, certainly, serves as bright acknowledgement of difference between regionalistskimi and federative states, however does not contradict our position according to which within the limits of both forms of a state system the federalism principle is realised, that in turn pulls together them.

It is important to specify, that the federalism principle is realised in regionalistskom the state in the form of the concept “federacy” of which it was a question above. Really, and in Spain, and the Great Britain for today we observe «wide enough autonomy» regions at them «the minimum participation in management» at national level. Quoted above A.A.

183

Lazerson M. JA. A nationality and a political system. - Petrograd, 1918. - With. 25.

Troitsk on an example of Spain notices, that «influence of independent communities on the decision of questions of national value more modest in comparison with subjects of federation» 185 though the Senate it agree item 69 of the Constitution of 1978 and is called as "Chamber of territorial representation» 186. Thus researchers of the Spanish legislature mark "neravnopravnost" chambers at which «the lower chamber has considerable overweight» 187. As a whole, resulted citations as a matter of fact only concretise one more thought mentioned above M.J.Lazersona: «no legal responsibility for the general destinies of the state does lay down on shoulders of separate autonomous region, and does not exist at system of autonomies of such establishment which, by an example of the Swiss council of cantons discussed and would solve the questions concerning all state and its parts which has united in federation» 188.

Absence of a special konstitutsionno-legal principle of a regionalism and realisation of a principle of federalism in territorially-political system states in the form of the concept “federacy” can lead to a conclusion about impossibility of an establishment of the signs, allowing to consider one states in quality regionalistskih, and others - federal. In a domestic science I.V.Leksin noticing adheres to such approach, in particular, that «at regionalistskih the states as a matter of fact there are no legal characteristics on which them it would be possible certainly

Leksin I.V.konstitutsionno of a problem of the territorial device of the modern state: features of Russia and foreign experience: diss.... Dr.s jurid. Sciences. - M, 2013. - With. 146.

185

186

Troitsk A.A.decree. soch. - with. 33.

Let's notice, that Spaniards consider a current konstitutsionno-legal status of the Senate as an obstacle to federation creation in this country. So, in May, 2007 Catalan Zheneraliteta H. Montilja's chairman has declared: «Spain does not represent the unitary state. Any textbook of comparative jurisprudence defines a state system of Spain as imperfect federal model. Besides historical nationalities other regions possess such set of powers that transforms Spain into something similar to a federative state. And if Spain is not that only because it does not have some mechanisms for original federal functioning. In particular, concerning bilateral interaction [my italics. - N.M.]». TSit. On: Volkova G. I. Spain: the state of autonomies and a problem of territorial integrity. - M, 2011. - With. 45-46.

187 Shashkovs A.V.legislative process in Spain//Legislative process in foreign countries: the manual / Under the editorship of J.I.Lejbo. - M: MGIMO-UNIVERSITY, 2012. - With. 76.

188 Lazerson M. JA. The decree. Soch. - C. 25-26.

176

P. 346-365.

182

To oppose to federations »189. More low by the analysis, on the one hand, the konstitutsionno-legal doctrine, and with another - positions of the Constitution of Spain 1978, and also British devoljutsionnogo legislations we will deny the given thesis.

Feature of the constitutional forms of interaction of the central and regional levels of the power though and the federal systems borrowed from the constitutional experience, that fact is, that the centre still has rather large powers concerning coordination of process of decentralisation, even despite various mechanisms of participation of regions in definition of its directions. We will result some examples. First, the constitution of Spain of 1978, despite a recognition of multinational character of the state, starts with a principle of unity of the Spanish nation (item 2 of item 1 of the Constitution of Spain 1978) Which interpretation by the Constitutional court of Spain can restrain considerably konstitutsionno the certain rights of independent Communities. Secondly, despite some forms of acceptance of statutes (with the big or smaller participation of regions), taking place in histories of formation of the constitutional model of the state of autonomies, last word in a case in point always remains behind the central government. Owing to it as fairly marks Z.Andrju, «process of acceptance of the statute, on the one hand, has character boundless and absolute - only the constitution defines procedure of its working out, on the other hand, unilateral, as the reason of its working out - in free will of a nationality or region which support autonomy reception» [178]. Thirdly, it is necessary to note and the right of the central power «to pass the laws establishing necessary principles for the coordination of standard positions of independent Communities, even in relation to the subjects carried to their conducting if it is demanded by the general interests» (item 3 of item 150 of the Constitution of Spain 1978).

konstitutsionno-legal

In the United Kingdom any changes in devoljutsionnoe can be brought the legislation the usual parliamentary certificate that follows from a principle of parliamentary leadership. Owing to this fact as marks J. Older, «progress devoljutsii in the Great Britain remains centralised» 190 [179].

Thus, the analysis carried out above allows to allocate already the first distinctive sign regionalistskogo the states - absence at regions of the constituent power, i.e. the right of last decision in a question on own konstitutsionno-legal status (so-called Kompetenz-Kompetenz) owing to what the centre still has ample opportunities on its change aside as bolshej, and smaller degree of an autonomy.

The second qualifying sign regionalistskogo the states results from this, that in it unlike federations where positions about the form territorially-political system or appear not subject to change (item 79 of the Organic law of Germany 1949), or mean rather difficult procedure of change (item 1 of the Constitution of the Russian Federation 1993) This question does not use a special konstitutsionno-legal protection. Proceeding from this fact the Russian researcher A.A.Troitsk does a conclusion, that «criterion with which help it is possible to delimit a federative state from regional and to concretise the status of their components, is possibility of the last to participate in the organisation and functioning of the nation-wide power, and, including, their influence on the decision of a question on constitution change» [180]. The offered position in many respects is close to views of the American researchers of federal systems, in particular P.King or R.Uottsa. So, the first of them defines federation as «the constitutional system which shows an example of division [powers] between the central and regional governments and in which to regions it is granted special or strengthened [entrenched] representation in decision-making procedures at the central level» [181]. A similar position the River is met also Uottsa which as Russian researcher M.G.Mironjuk marks, allocated as distinctive lines of a federative state «representation of interests of components of federation at federal institutes (often in the form of the second chamber of parliament)», and also «the written constitution (organic law) which cannot be changed unilaterally» as «changes should meet with approval of the majority of subjects of federation» [182].

In spite of the fact that A.A.Troitsk's argument looks rather convincing from the legal point of view, in the domestic literature there is an alternative approach to differentiation regionalistskih and the federative states which author is quoted above I.V.Leksin. Recognising regionalistskoe the state as the special form territorially - a political system (by the way, unlike A.A.Troitsk adhering to a position traditional for a domestic science), the given researcher confirms: « For otgranichenija the unitary states from federal (and simultaneously from regionalistskih the states) enough the unique characteristic: on all population of the country or on its most part exclusively uniform nation-wide power extends, i.e. all population or its big part lives in administrativnoterritorialnyh, instead of in politiko-territorial formations »[183]. The analysis of the specified statement of I.V.Leksina allows to say that in them the actual and formal bases of definition of the form are obviously mixed is state-political system, though the author specifies in this fact as on advantage of the research. The entered I.V.Leksinym

The quantitative criterion, allowing to distinguish the unitary states from federal and regionalistskih the states, is rather disputable. Absence of a political autonomy at the most densely populated part of the state does not mean, that it cannot appear in the future in process of development of the constitutional reform. Transformation of the territorial constitution first of all is process that has been clearly shown above by tendency consideration in development territorially-political system the states. On the basis of I.V.Leksin's this criterion, in particular, does not carry to regionalistskim to the states Great Britain, specifying that England where lives about 80 % of the population, is not allocated by a political autonomy. For today, after the introduction in October, 2015 of changes in regulations of the House of Commons, it is possible to speak about that, as England has received own legislative institution by concept realisation «English voices for English laws» of which it will be a question more low.

Besides, I.V.Leksin asserts, that «and regionalistskogo the states are included into number of necessary signs of federation not only formal characteristics, but also especially practical and estimated lines which are not giving in to strict formalisation». Owing to it «for absolute distinction of these forms of a state system it is not enough purely legal signs». Thus, «in this respect federal, not regionalistskoe the state it is not necessary to represent as the independent legal phenomenon - to difference, for example, from the state as that, the government, the state body, public authority and the similar phenomena possessing is formal-legal signs for them otgranichenija from the adjacent phenomena» [184]. In our opinion, such approach is the next gamble on a theme of a parity of federation and federalism as static and dynamic phenomena, only in a parity context regionalistskogo and the federal states. Above we have convincingly shown, as from especially formal point of view it is possible to speak both about federation and federalism, and about regionalistskom the state and realisation in it of a principle of federalism in the form of the concept “federacy”.

Summarising, it is possible to assert, that the second distinctive sign regionalistskogo the states from the federal device is ability of region through the procedure defined by the constitutional legislation (blackmail of nationalistic forces and threat by branch in the given context we do not take in calculation) to influence decision-making at national level. In regionalistskom the state as it has been specified, its components konstitutsionno are limited, and in practice such participation and can be at all considerably minimised.

regionalistskogo the states, in our opinion, it is necessary to recognise as the third distinctive sign strong asymmetry of model of the territorial organisation of the public power. In the constitutional law theory, in particular in the works devoted to research territorially-political system of the state, it is considered, that asymmetry in slozhnosostavnom the state (federation) is shown in following forms: 1) in different volume of subjects of conducting and powers of subjects of federation; 2) in different volume of the constituent power of subjects of federation: the exit right, possibility of redistribution of powers and conducting subjects; 3) in different volume of participation of subjects in realisation obshchefederalnoj the authorities and in different degree of participation obshchefederalnoj the authorities in realisation of the government of subjects; 4) available the territorial formations possessing the special status as a part of federation (allied, obshchefederalnye territories, assotsiirovannye subjects etc.) 197.

Proceeding from specified above asymmetry forms in slozhnosostavnom the state the Russian researchers, in particular V.E.Chirkin, offer even their classification. First, it is the asymmetry following from existence within the limits of federation of its subjects and other territorial formations (capital district, federal possession, assotsiirovannoe the state etc.) . Secondly, the asymmetry connected with konstitutsionno by the issued various status of subjects of federation in the absence of other territorial formations. Thirdly, the latent asymmetry at which there is an aspiration to the general equality of subjects, but with some restrictions, in particular in representation questions on obshchefederalnom level. Finishes the classification of prof. V.E.Chirkin by the statement about possibility of mixture of all listed kinds of asymmetry, and also instructions that «almost in all countries with asymmetric federations there are movements for federation reforming, for the equal rights of states, for status increase nesubektov to level of subjects of federation» 198.

The led approach to the asymmetry characteristic as attribute territorially-political system slozhnosostavnogo the states, however, requires a number of theoretical specifications. First, allocation of volume of powers as a qualifying sign is represented not absolutely true as the second element of the competence - subjects of conducting which also can be redistributed between government levels here is not considered. At the same time asymmetry in the difficult state, in our opinion, is generated not by so much volume of subjects of conducting transferred to territorial unit or powers (the last can have and symbolical value, reflecting the certain compromise reached in the course of the state building), how many a parity between them. The inequality between subjects, thus, follows from this the fact, that subjects of conducting fixed to territorial unit can be not provided

197

198

1997. WITH. 23-25.

Kiseleva A.V., nesterenko A.V.decree. soch. - with. 197.

Chirkin V. E. A modern federative state. The manual.

M: Publishing house MNIMP,

Corresponding powers on their realisation (frequently following not from the constitutional position, and from certificates of the current legislation).

Secondly, the constituent power cannot be considered as the measured phenomenon, and, hence, its volume cannot represent itself as a qualifying sign. Such power means exclusively one - presence or absence at territorial unit of the right of last decision in a question of definition of the konstitutsionno-legal status within the limits of model territorially-political system. In federative states subjects have the right to acceptance of own constitutions while in the unitary state such right at territorial units is absent, as, actually, and in regionalistskih the states where as fairly specifies T.A.Vasileva, there is «an investment of regions with the right of acceptance of laws without granting of constituent powers by it» [185].

Thirdly, the various volume of participation of territorial units in decision-making at national level follows exclusively from a situation which is specified in the fourth point resulted above classification of displays of asymmetry: presence as a part of the state of territorial units with the special status. Nevertheless other components of the difficult state have equal access on idea of the interests in bodies of the national power. Differences here can have exclusively quantitative character. So, in the Russian Federation konstitutsionno the equal representation of subjects of federation (on two representatives from the subject, representing its legislative and an executive power) in the Federation Council while the earths are presented to Germany in the Bundesrat to proportionally quantity of the population living in them is fixed.

Fourthly, within the limits of the approach peculiar to a domestic science classification of forms of display of asymmetry in slozhnosostavnom the state, in our opinion, is not represented possible as it is impossible to develop the uniform basis for its creation [186]. It also is a weak place in the reflexions of V.E.Chirkina resulted above, not allowing to consider them as classification.

Fifthly, hasty it seems also a conclusion about aspiration of the states to asymmetry overcoming in the models territorially-political system. Thus such vector of development of konstitutsionno-legal regulation of the territorial organisation of the public power is considered as the positive tendency that is expressed as a whole in an uncooperative altitude to asymmetry as that though frequently the legal argument in this question is substituted for references to necessity of identical standards of the economic development, all territorial units making the state. In our opinion, to ascertain aspiration to asimmetrichnosti as one of tendencies of development of territorially-political system modern states at least it is inconvenient. The constitutional experience even the European countries is rather various. So, if in Italy the tendency to reduction of distinctions in the legal status of areas is observed, the beginning to that was necessary the constitutional reform of 2001 That Belgium, on the contrary, keeps constitutional asimmetrichnost models of the territorial device as in ethnic federation it promotes maintenance of political stability [187].

Accordingly, summarising all aforesaid, we suggest to understand such condition of the constitutional model of the territorial organisation of the public power at which territorial units or possess the competence different in the maintenance (one as asymmetry are administrative-territorial, others - politiko-territorial units), or they possess in certain volume of subjects of conducting at a miscellaneous (frequently - insufficient) quantity of powers delegated by it on their realisation, or the special status of each of them follows from its historically developed constitutional identity [188]. Last moment also is at all ignored by domestic researchers though has great value and can have various displays. General-theoretical representation about the constitutional asymmetry though, certainly, it can be concretised at research of separate groups of the states, including and regionalistskih the states is that, in our opinion.

Above we have specified, that strong asymmetry of the constitutional model should be considered as a distinctive sign regionalistskogo the states. The special attention is given to it in British gosudarstvovedenii. So, P.Hogvud marks: «if to speak about model of territorial distribution of the power, devoljutsija in the Great Britain will far defend from the European variant of classical federalism, for example, from the German model which central principle is the equal legal status of subjects of federation» [189]. Similar opinion we meet and at P.Lejlanda considering, that «actually the majority of federal systems have been conceived as symmetric, and such device of all federal systems has been reflected in written constitutions» owing to what «characteristic for devoljutsii asymmetry just and is one of its most distinctive lines» [190].

At the same time authors of the Constitution of Spain it is already primary at creation regionalistskogo the states 1978 asymmetry of its components started with. The Russian researcher of And Volkova marks: «understanding, that“ avtonomistskie moods ”were not identical in various regions, authors of the Constitution have legislatively fixed various forms and ways for realisation of the right to an autonomy» [191]. The establishment of different procedures of investment of independent communities own competence, i.e. acceptances of their statutes, has as a result led to occurrence of independent communities «fast way» (Basque Provinces, Catalonia, Galicia) and «a slow way». The given distinction resulted from the positions fixed in item 143 and item 151 of the Constitution of Spain 1978

According to our approach in regionalistskom the state it is possible to allocate two reasons of asymmetry. The first of them is closely connected with the constitutional identity making regionalistskoe the state of units, the second - with delegation to region of subjects of conducting without transfer of a set of powers necessary for their realisation. Besides, with reference to the considered form of the territorial device it is necessary to notice, that here asymmetry of the constitutional model will be always present, as it is impossible to create the uniform unified system of differentiation of subjects of conducting and the powers, completely meeting national requirements of separate regions.

To consider the constitutional identity of components regionalistskogo the states as a principal cause strong asimmetrichnosti follows in a context of historical features of formation of the uniform state and evolution of a konstitutsionno-legal status of this or that

From its components. In this context the example of the Great Britain, feature territorially-political system is rather indicative

By which as regionalistskogo the states will be considered in chapter 3 of the present research.

Let's stop only on several important points of the British model of the territorial organisation of the public power. Though and in case of the United Kingdom it is possible to ascertain also aspiration presence to unification devoljutsionnyh models, between regions essential distinctions in their konstitutsionno-legal status continue to remain. In due time U.Gladston has eloquently declared, that «distinctions between England and the Wales... Are completely unknown to our constitution» [192]. Owing to it devoljutsija concerning the Wales was the most limited. Thus delegated powers concerned first of all questions of preservation of national originality of the Wales. Deepening devoljutsii concerning the given region occurred stage by stage by modification of the Certificate about management of 1998 of the Wales, accordingly, in 2006, 2014 and 2017 The given region began to possess a political autonomy only since 2011 by results of the referendum which has confirmed the right of National assembly of the Wales to publish certificates, valid the law. At the same time Scotland on the basis of the Certificate about Scotland has acquired the right of a political autonomy, including in financial sphere 1998: legislature the right to correct the surtax rate in region was given. Such model devoljutsii was caused first of all by that fact, that Scotland possessed the strong constitutional identity, following from features of its association with England in 1707 Further under the pressure of the Scottish national party in 2012 and 2016 deepening devoljutsii has proceeded. However if the Certificate about Scotland was a product of long work of so-called Commission Kalmana, the Certificate about Scotland 2016 2012

Has been accepted in a situation of necessity of fast reaction to results of a referendum about independence of 2014 Devoljutsionnyj process concerning Northern Ireland has a number of features and it is called first of all by participation of all interested parties (the state and not state actors) to establish the world in region. As a result for management by it have been created not only bodies legislative and an executive power of Northern Ireland, but also a number of the international bodies - Interministerial council SeverJug, the Britansko-Irish council and the Britansko-Irish intergovernmental conference. Besides, devoljutsija concerning Northern Ireland has demanded modification of the Constitution of Ireland 1937 (position that Republic territory is all island is excluded), and also a system establishment konsotsiativnoj democracy for prevention of contradictions between Catholics and Protestants [193]. Within the limits of the given model the post of the first minister is occupied with the representative of the religious community which have won elections, and a post of its assistant - necessarily representative of other religious community. Ministerial portfolios are distributed proportionally between communities by results of elections in National assembly of Northern Ireland.

As to a current condition territorially-political system Spain it, according to A.Konveri and T.Landberg's opinion, «became less asymmetric from the moment of the transition beginning to democracy in which frameworks the variety recognition was the major element» [194]. However, despite aspiration to bolshej unifications, asymmetry continues to remain as distinctive line of territorially-political system considered state. Quoted above H.Pinel notices, that though for today «17 regions have received all an identical autonomy (from the point of view of quantity of powers)», continue to exist certain differences which «are connected basically with specific historical or linguistic factors: some independent communities have kept individual system of the civil law, six recognise two official languages, the part of regions has own police» [195]. Though the quoted author also names these distinctions "insignificant", all the same they confirm asimmetrichnost as distinctive line regionalistskogo the states.

The second display of asymmetry meeting in regionalistskom the state, follows from neediness of subjects of conducting fixed to regions of a due set of powers. Thus the western authors, in particular V.Svenden, speak about asymmetry de jure and asymmetries de facto [196]. From the point of view of research on the territorially-political and budgetary device interest is represented by both specified kinds of asymmetry. In due time the French lawyer of Item G odme has truly noticed, that «management decentralisation can be real only when local bodies have own resources and possess the valid financial autonomy» [197]. Possessing identical subjects of conducting, regions, thus, can possess various powers in the field of their financial maintenance or get in different volumes financial support from the centre. The given state of affairs conducts to increase in actual distinctions between regions (asymmetry de facto), and consequently, and to strengthening of distinctions in their legal statuses (asymmetry de jure). Concerning questions which are in region conducting, last cannot accept certificates of own legislation, not having possibility them financially to provide [198]. As a result for the central power possibility to carry out legal regulation ultra vires opens, breaking thereby the right of a political autonomy of territorial unit guaranteed by the constitutional norm. Movement in such direction in conditions nereshennosti an ethnic question can lead to separatism strengthening.

The fourth distinctive line regionalistskogo the states is rather flexible system of differentiation of subjects of conducting and powers between government levels («mobile system of differentiation of the competence» as it fairly calls quoted above T.A.Vasileva). In Spain, despite the fact that what in the Constitution the list of the questions carried to nation-wide and regional levels of the authorities (item 148149 of the Constitution of Spain 1978) is directly fixed «The constitutional model is based on an establishment of norms of principles and the procedural norms, rather than fundamental norms with the certain maintenance» [199]. These principles and norms receive the development in statutes of autonomies. Thus item 2 of item 148 of the Constitution of Spain contains position according to which «by means of change of the Charters independent Communities can gradually expand the powers in the limits established in article 149» 1978. However behind the central power in the name of the Constitutional court of Spain the right to check constitutionality of such changes (the item And item 153) remains. As a whole, characterising model of the state of autonomies, the Spanish authors notice, that «specificity of the state consisting of independent formations, consists in“ a variety within the limits of a variety ”as possibility to fix in statutes institutsionalnye feature and specificity in sphere of the competence [200]» is given each independent community

Rather flexible system of differentiation of subjects of conducting and powers is fixed in certificates devoljutsionnogo legislations of the Great Britain that is caused first of all by absence of the constitution in the form of uniform kodifitsirovannogo the certificate. Owing to it power redistribution between its levels does not demand difficult constitutional procedure and can be carried out within the limits of usual legislative process.

The fifth distinctive line regionalistskogo the states is presence in it of the permanent constitutional conflict between national and regional government levels. Thus it is important to specify, that the given characteristic line regionalistskogo is necessary for considering the states as its legally significant sign, instead of time political feature.

In favour of such position the reason of occurrence of the considered conflict, in due time truly designated A de Tokvilem and N.M.Korkunovym speaks, first of all. So, the French thinker marked: at federation creation «it was absolutely impossible in advance with all accuracy and completeness to establish, what powers at division of the Supreme power should pass to the staff government, and what - to the federal government» [201]. After half a century the given thought in constitutional law language has been repeated by N.M.Korkunovym. In particular, he wrote: « Differentiation in conducting subjects is border ideal, border more or less abstract concepts », therefore« it is impossible to list all separate concrete cases concerning conducting of this or that power "and" it is possible to define only the questions concerning their competence "and" at application of these general definitions to special cases not only are possible, but also doubts and disputes »[202] are inevitable. Resulted citations prove our approach - the permanent constitutional conflict between power levels results from features konstitutsionno the fixed model of differentiation of subjects of conducting and powers in frameworks slozhnosostavnogo the states, instead of is a consequence of a various sort of political contradictions.

It is obvious, that considered feature of relations between power levels is observed not only in regionalistskom the state, but also in federations. However, if in the latter case its displays are rather not numerous owing to domination of the doctrine of co-operative federalism in relations between power levels for regionalistskogo the states such conflict is to constants as the given form territorially-political system urged to settle international relations in which frameworks of the requirement of regions about expansion of the competence are inevitable.

So, proceeding from all aforesaid it is possible to assert, that regionalistskoe the state represents the special form slozhnosostavnogo territorially-political system the states, excellent both from the unitary state, and from the federation which constitutional registration occurs by political autonomism in scales of all state for the purpose of the decision of an ethnic question, prevention of separatism and preservation of the state unity. Inherently regionalistskoe the state represents realisation of a principle of federalism in the form of the concept ""federacy”in the difficult state,

konstitutsionno not identified as federation. As qualifying signs of such form territorially-political system act: 1) absence at regions of the constituent power, i.e. the right of last decision at acceptance of the certificate defining own konstitutsionno-legal status; 2) absence of the "strengthened" mechanisms of participation of regions in decision-making at national level, including concerning change of the national constitution; 3) the considerable asymmetry of the constitutional model following, on the one hand, from the constitutional identity of each of regions, and with another - from neediness fixed to regional level of the power of subjects of conducting by corresponding powers, especially in the field of the finance; 4) the constitutional fastening of rather flexible system of differentiation of subjects of conducting and powers between government levels; 5) presence of the permanent constitutional conflict between central and regional levels of the public power.

Such approach to essence definition regionalistskogo the states follows from the critical analysis of works of domestic constitutionalists and as much as possible integrates in itself, on the one hand, views of representatives of the konstitutsionno-legal doctrine of Spain and the Great Britain, and with another - practice of konstitutsionno-legal regulation of questions of the territorial organisation of the public power in the specified states.

Relations (rather-legal research) / otv. red. B.N.

- 2017. - №2. - WITH. 108.

205

206

209

210

Relations (rather-legal research) / otv. red. B.N.

215

216

<< | >>
A source: Molchakov Nikita Jurevich. THE CONCEPT OF THE REGIONALISTSKY STATE AND ITS REALIZATION IN THE UNITED KINGDOM THE GREAT BRITAIN And NORTHERN Ireland. The dissertation on competition of a scientific degree of the candidate of jurisprudence. Moscow - 2018. 2018

Download original source

More on topic theory contours regionalistskogo the states as special form territorially-political system:

  1. a general characteristic doktrinalnyh approaches to studying territorially-political system the Great Britain
  2. Devoljutsija as a way of reform territorially-political system the United Kingdom
  3. definition regionalistskogo the states in the Russian konstitutsionno-legal doctrine
  4. 2.1. The Kabardino-Balkarian republic as territorially - localised economic vosproizvodstvennaja system
  5. § 2.3. Istoriko-legal conditions of formation of legal and political system of independent North American states
  6. TOMASHEVSKY Cyril Leonidovich. of SYSTEM of SOURCES of the LAW OF MASTER AND SERVANT of MEMBER STATES EAES: the THEORY And PRACTICE. The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow -,
  7. §1. Political responsibility of the states
  8. § 4. Political party - the independent form of realisation of a constitutional law on association.
  9. Social and economic and political preconditions of fastening in the criminal legislation of special kinds of swindle
  10. Truck farmers Vyacheslav Valerevich. TRANSITIVE CONDITIONS of the POLITICAL MODE In the STATE THEORY. The dissertation on competition of a scientific degree of the master of laws. Omsk - 2005, 2005
  11. HOLDING AS the SPECIAL ORGANIZATIONAL FORM of ENTERPRISE ACTIVITY
  12. 1.1. HOLDING AS SPECIAL ORGANIZATIONAL FORM predprinimatlsko ²² ACTIVITY
  13. Regionalizatsija ethnoeconomy: contours vosproizvodstvennogo the approach
  14. features of use of the organisation-legal form of the state company as special way of management
  15. § 1. Expert testimony in court as the form of use of special knowledge in civil and arbitral procedure
  16. KRAVCHENKO Andrey Evgenevich. SYNTHETIC THEORY OF LAW And the STATES A.S. JASHCHENKO. The DISSERTATION on competition of a scientific degree of the master of laws. Belgorod - 2015, 2015
  17. § 1.2. Local government as a category of the Russian political system