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1.1.2 Suffrage of the subject of the Russian Federation as podotrasl (institute) of the right of the subject of the Russian Federation

The suffrage of subjects of the Russian Federation represents rather new legal phenomenon as before acceptance of the Constitution of the Russian Federation 1993 local and regional elections were spent according to the uniform procedures fixed in laws of the Russian Federation «About elections of People's Deputies of local Councils of People's Deputies» and «About elections of heads of administration».

The new Constitution has considerably lifted regional level of selective lawmaking, having transformed it in rather independent field of activity of public authorities of subjects of federation [27 [28].

The right of subjects of the Russian Federation to publish own standard legal acts follows from the federal device of Russia confirmed and established by the Constitution of the Russian Federation, in particular chapters of the first - «Bases of the constitutional system» and the third - «the Federal device».

Because the federal device of Russia and the right of subjects of the Russian Federation to have own organic law (at republics - the constitution, and at other subjects of Federation - the charter) and the legislation (item 1 and 5 Constitutions of the Russian Federation) have been fixed in the first chapter «Basis of the constitutional system» of the Constitution of the Russian Federation, and norms of this chapter cannot be changed, i.e. action cancellation is possible only

Rules of law of these heads with acceptance of the new Constitution (item 135 of the Constitution of the Russian Federation).

Presence of the legislation of the subject of the Russian Federation brings an attention to the question on its structure (system), and accordingly about a place in this structure of the suffrage of the subject of the Russian Federation. As it was fairly marked in the legal literature, the Russian legislation avoids to apply the term "legal system", as well as the term «the federal right». Concepts «the legislation of the Russian Federation» and «the legislation of the subject of the Russian Federation» [29] are Most extended.

According to S.I.Shishkin, accumulation of a file of regional laws forces to pass in research workings out from quantitative supervision over dynamics of development of this phenomenon to qualitative generalisations of laws of its functioning. Here it is necessary to establish a side between the regional legislation and the regional right, to be defined with concept of regional statehood, to correlate federal and regional legal systems, to specify the mechanism of the account of will of the population in regional law-making and to answer a number of smaller questions, obligatory for formation definitive vyvodnogo knowledge of prospects of the regional right [30].

Not casually some scientists ask a question «... The subject of the Russian Federation - the legal system or only the system of the legislation has?» [31]. As already it was marked earlier, the legislation of subjects of the Russian Federation has appeared rather recently - before acceptance of the Constitution Russian Fe -

deratsii there was only a legislation of republics as a part of RSFSR (after the Russian Federation) 1993. In the scientific legal literature (as ^ Russian, and foreign) concepts of the federal right and the right of subjects

Federations are a little developed [32]. Discussions are led and about existence of the legal system of the subject, and also a constitutional law of subjects of the Russian Federation. It is possible to name not studied in the Russian legal science a question on branch structure of the right of the subject of the Russian Federation. For example, recognising existence of the legal system of the subject of the Russian Federation as it has a legislation system, this legal system is not spoken from what components consists [33 [34]. Or it is noticed, that for modern Russian system of regulatory legal acts presence of all of three ^ structures is peculiar: hierarchical, horizontally (branch) and federal, but these

Structures it is interconnected are not considered.

S.A.Avakjan believes, that the legal system in the Russian Federation is uniform also the subject of the Russian Federation has only the system of the legislation, including constitutional legislation [35]. The similar position is occupied also with Island E Ky - tafin, considering, that the opinion on existence of the regional right, a constitutional law of republics as a part of the Russian Federation is deprived the bases as we have a uniform legal system, and it shares not on fe - it deralnoe the right and the right of subjects of Federation, and to certain branches

The rights having the subject of legal regulation and including rules of law, accepted both on federal, and at regional level. Besides, according to this scientist, legal regulation in subjects of Federation is not self-sufficient, entirely depends on Federation and consequently enters into uniform Russian legal system and realisation of offers stated in the literature on structurization of legal system not only to a subject sign (sphere of a public life), but also on state system levels will lead to disorder of legal system of the country [36 [37].

In turn V.V. Goshuljak considers, that as at the heart of legal system construction the subject and a legal regulation method lays, and the basis of system of the legislation is constituted by a validity of standard legal acts, being reserved, that legislation ordering can be carried out and by other criteria, allocation of two levels of the right - the federal right and the right of subjects of the Russian Federation as there can be a substitution of concepts which will negatively affect on scientific is impossible urov -

go

Not the researches, to the devoted problems of the legislation of subjects of the Russian Federation.

But not all divide the point of view about impossibility of existence of regional legal system and the constitutional (authorised) right of subjects of the Russian Federation. So, according to I.R.Metshina, the regional legal system can be considered, how operating in territory of the subject of the Russian Federation a complete is standard-legal file of the federal, federalno-regional and regional legal acts formed and developing on the basis of fixed in Constitution of the Russian Federation of positions in which spheres and volumes exclusive and joint pravotvorcheskoj the competence of the Russian Federation and its subjects [38] are defined.

Thus hardly it is possible to agree with inclusion in legal system of the subject of the Russian Federation of federal legal acts. A.I.Uhtijarov considers, that subjects of the Russian Federation create own legal system as a component of legal system of the Russian Federation taking into account bases of the constitutional system of the Russian Federation, specific features of subjects of the Russian Federation and main principles of the national-state and administrative-territorial device of subjects of the Russian Federation. Accordingly the legal system of the Russian Federation acts as difficult legal connection hierarchically co-ordinated, subordinirovannyh, vzaimoobuslovlennyh and the interconnected links (levels) of federal right system and the legal systems of subjects of the Russian Federation consisting from independent and at the same time

- 60 co-operating elements.

Let's notice also such point of view, that as there is no the organizational-isolated legal branch which norms would regulate public relations in subjects of the Russian Federation the rules of law established by public authorities of subjects of Federation, constitute independent branch of law — the regional right [39 [40].

Also sometimes the regional right is considered as the component of the uniform Russian right representing set of federal and regional rules of law, functionally consolidated by definition of a legal status of subjects of Federation, their bodies, territorial communities of citizens of subjects of Federation and their separate components, allocating within the limits of the Russian right the federal right, the regional right (the right of subjects of Federation) and the municipal right. Hardly it is possible to agree with such design of system of the Russian right as item 5 of the Constitution of the Russian Federation unambiguously speaks about the legislation of subjects of the Russian Federation and, considering existing numerous views all nowadays on parities of concepts "right" and "legislation", it is possible to tell, that the given representations will not be adjusted with the constitutional norms. As to fears for integrity of the Russian legal system and attempts to destroy it by means of designing of the regional right as systems into which enter both federal rules of law, and the legislation of subjects of Federation it is necessary to notice, that the best protection of unity by last is inclusion in its structure of the right of subjects of the Russian Federation, as the legal system which independence is limited by the constitutional fastening of terms of reference of the Russian Federation and subjects of joint conducting the Russian Federation and subjects of the Russian Federation. If courts do not recognise leadership of the federal rules of law regulating these public relations no design of "the regional right» will rescue the Russian legal system from that sad end which has comprehended the legislation of Soviet Union in the beginning of 90th of XX century

/l

According to A.N.Kokotova and V.A.Krjazhkova the main criterion of exarticulation of the regional and municipal right is not the relevancy of subjects of law-making exclusively to this or that level of the power, and this level of the power, type of the territorial collective possessing own interests, features and receiving complex legal regulation. These scientists consider, that at the approach declared by them the skeleton of the regional and municipal right is constituted by norms of the federal legislation that provides unity of the Russian right and additional character in ♦ to the Russian legal system of regional and municipal law-making, regio

nalnogo and the municipal right. (See: the Constitutional law of subjects of the Russian Federation / Otv. red. V.A.Kokotov. M., 2002. With. 29-33). But, certainly, it is impossible will disagree with A.N.Kokotovym and V.A.Krjazhkovym when they recognise existence of a constitutional law of subjects of the Russian Federation, proving the opinion that subjects have a constituent power according to item 5 item, 66, etc. Constitutions of the Russian Federation (in the same place. With. 35).

Certainly, within the limits of subjects of joint conducting the Russian Federation and subjects of the Russian Federation in most cases it is necessary to consider legal acts of subjects of Federation in their interrelation with the federal right is a natural feature of lawmaking in a federative state. However, if there are no contradictions between the federal right and the right of the subject of Federation and the regional legislator in the legal acts honesty reproduces federal rules of law there is no special necessity constantly to address to the federal right.

Other argument against such way of designing of the federal, regional and municipal right can be that, having regarded as of paramount importance the public relations regulated by rules of law, instead of what public authority had been accepted corresponding norm - Federations or its subject, the regional and municipal right becomes formation inherently close to branch of law, - if the conventional branches of the Russian right are considered as the one-serial phenomena with «the regional right» there can be complexities at definition of hierarchical interrelations between federal rules of law of such conventional branches of law as, for example, administrative or labour, and corresponding rules of law of subjects of the Russian Federation. At the moment there are three levels of public authority - federal, subjects of the Russian Federation and municipal and as only Federation and its subjects are allocated by the right to create own legislation it is necessary to consider two corresponding systems of the legislation - federal and subjects of federation. Rules of law which are published by local governments, should enter into system of the legislation of the subject of Federation.

It is impossible to disagree that many questions connected with the constitutional system and the constitutional status of the person and the citizen in the constitutional (authorised) legislation of the subject of the Russian Federation, appear apprehended of the federal right. But existence of the Organic law of the subject of the Russian Federation - the constitution or the charter, presence in it, let the rules of law reproduced from the federal right fixing the constitutional system and the constitutional status of the person, nevertheless allows to speak about existence of the constitutional (authorised) right of the subject of the Russian Federation. Thus it is impossible to forget, that in the constitutional (authorised) legislation of subjects of the Russian Federation additional guarantees of the rights and freedom of citizens can be established.

In jurisprudence attempts to subject to the analysis is standard-legal system of the subject of Federation were already undertaken. Thus, as a rule, sources of the legislation of subjects of the Russian Federation — constitutions (charters), laws of subjects of the Russian Federation, [41] other regional, regional standard legal acts and juridical acts of local government [42] were considered only. By consideration of system of the legislation of the subject of a federative state sources of law of subjects of Federation [43] also were simply listed.

I.N.Bartsits, marking, what not all admits possibility of existence of legal system of the subject of the Russian Federation, considers, that the legislation of the subject of the Russian Federation represents now frequently an eclectic set of legal acts which can turn to the strict legal system organically entered in uniform legal system of Russia at observance of certain principles [44] stage by stage.

Meets in jurisprudence and the point of view according to which there can not be a constitutional or authorised right of the subject of the Russian Federation [45] as speech can go only about existence such podotrasli the Russian constitutional law as «the Right of the organisation and osushchestvle

nija the government in subjects of the Russian Federation »as from legal and methodological positions the subject of corresponding branch would be essentially truncated, and the block of norms about the constitutional system and the constitutional status of the person and the citizen would appear apprehended of the federal right. And accordingly, the remained sphere of konstitutsionno-legal regulation concerns establishments territorial (administrative territorial division) and functional (system of the state bodies in the subject of the Russian Federation, their konstitutsionno-legal status) the government and local government organisations in the concrete subject of the Russian Federation, and this sphere constitutes its konstitutsionno-legal legislation connected with the federal right by a generality of principles, approaches to their realisation and differing from federal norms variety of concrete variants of konstitutsionno-legal regulation [46].

The author considers as A.A.Bezuglova and S.A.Soldatov more proved opinion that the constitutional law of Russia shares on a vertical on a federal constitutional law and a constitutional law of concrete subjects of Federation that is caused by the federal device of Russia, presence of two levels of the government: federal and subjects of Federation. Each of these levels of the government has terms of reference, there are bodies of its realisation, there are powers on normotvorchestvu and the ways of maintenance of realisation of rules of law; each subject of the Russian Federation has the legal system which core constitute the constitution (charter) of the subject of the Russian Federation [47].

Till now in jurisprudence there was no uniform approach to the name of the body of laws of the subject of the Russian Federations existing within the limits of one branch of law. Some name it «the block of the regional branch legislation», others - «the branch legislation of subjects of Federation» [48 [49].

It is impossible to tell, that there would be successful a term use «the block of the regional branch legislation» by consideration of system of the legislation or the legal system of the subject of the Russian Federation as concept «the branch legislation» is represented a little ambiguous. It can be both a branch part, and the phenomenon similar to branch, and the term "block" is not used in theory of law at the legal system analysis. The concept "region" is faster politological or geographical, than legal, and in the Constitution of Russia the term «the subject of the Russian Federation», instead of "region" is used. Moreover, Primorye Territory or the Kamchatka area, and the Far East can be understood as the term "region" as a whole not one subject of Federation, and a little, for example, not. In jurisprudence it was already noticed, that the concept "region" is applied basically or to territory of one subject of the Russian Federation, or territory of two and more next subjects. For example, at elections of deputies of the State Duma on federal election district (under the lists which are put forward by parties and movements) in the list is the central part, consisting of 18 deputies. Other candidates are included into «regional groups» on subjects of the Russian Federation or groups of subjects РФ72. Also, seeing various variants of interpretation of the term "region", I.R.Metshin offers when the region acts as the subject of law, to understand as it subject РФ73.

So, having summed up the review of various opinions, it is possible to draw following conclusions:

First, if the Constitution of the Russian Federation speaks about the legislation of the subject of the Russian Federation, that, accordingly exists also the right of the subject of Federation (the regional right as it was already marked, is not the exact term). Such conclusion can be made, being based that the legislation, the positive law cannot exist in the "vacuum", any, even the most perfect law cannot is high-grade to exist, for example, without pravoprimenitelnoj experts. Even if to put an equal-sign between concepts "right" and "legislation" there is a problem with such source of law as договор74 which cannot

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See: Avakjan S.A.region, regional//the Constitutional law. The encyclopaedic dictionary. Otv. red. And hands. A collective bus d.ju.n., prof. S.A.Avakjan. M., 2001. With. 503.

73 See: Metshin I.R.decree. soch. With. 24.

74 that between subjects of the Russian Federation the conclusion of contracts by which the public relations connected with elections can be regulated is possible, is provided item 5 of the reasoning of the Decision of the Constitutional Court of the Russian Federation from July, 14th, 1997 « On business about interpretation containing regarding 4 articles 66 of the Constitution of the Russian Federation of position about autonomous region occurrence in structure of edge, area »(Meeting of the legislation of the Russian Federation. 1997. № 29. Item 3581) -«... On the basis of the Constitution of the Russian Federation and within the limits of the current legislation the autonomous region, edge, area can concretise by means of the contract of a condition and an order of formation of public authorities ». Example of such contract is the Agreement between public authorities of the Tyumen area, Hunts-Mansijskogo of autonomous region, Jamalonenetsky autonomous region «About an order and conditions of elections of deputies of the Tyumen regional Duma (it is signed on September, 8th, 1997) in which it is fixed, that the population of districts participates in elections of deputies of the Tyumen regional Duma according to the Law of the Tyumen area« About elections of deputies in the Tyumen regional Duma »which, in turn, should be adjusted with public authorities of districts and is brought into accord with the Agreement (item 1 item, 4) / the Tyumen news. 1997. 9 sent. № 172/. Thus it is possible to draw a conclusion, that actually there is a speech about the Agreement priority over norm of the regional law (Ivanov V.V. Slozhnosostavnye subjects Russian see Fe -

To be carried to concept "legislation". Therefore if to rise on a position exclusively positivistic and legistskogo understanding of the right all the same ^ it is necessary to draw a conclusion, that the concept "right" is wider phenomenon, than

The legislation. Not casually S.D.Knyazev pays attention that the system of sources of the suffrage of the Russian Federation and system of the Russian selective legislation are not identical, correspond as whole and a part - the system of sources of the Russian right includes law-making treaties of the international and interstate character, and also standard legal acts of legislative and subordinate legislation character [50 [51] [52].

C the account of that in the Russian Federation exist dogovory which consist both between the Russian Federation and subjects of the Russian Federation, and between subjects of Federation it is impossible to refuse term application «the right of the subject of Federation» as in the given contracts the questions concerning and elections are mentioned. The term «the suffrage of the subject of the Russian Federation» is more exact, than «the selective legislation of the subject of the Russian Federation».

It is necessary to notice also, that in spite of the fact that standard dogovo - ry standard legal acts, as a rule, do not join in concepts «","for - % konodatelstvo», the Federal act «About the basic guarantees the voter

nyh the rights... », ignoring the fact of existence of these contracts, has included them in number of standard legal acts. In item 1 of item 11 of the Law it is said, that the legislation of the Russian Federation on elections is constituted by the Constitution of the Russian Federation, the present Federal act, other federal acts, constitutions (charters), laws of subjects of the Russian Federation, other standard legal acts about the elections, accepted in the Russian Federation.

Secondly, designating structure of the legislation of the subject of the Russian Federation, it is necessary to notice, that last is defined by the various factors rendering on it opposite influence:

The legislation of the subject of the Russian Federation along with the federal legislation is compound and an integral part of the legislation of the Russian Federation in whole (federal and subjects of the Russian Federation) and consequently the system of the Russian right has certain influence on system of the legislation of the subject of the Russian Federation;

Federal character of the Russian state complicates relations between legislation components in the Russian Federation: between the federal legislation and the legislation of subjects of the Russian Federation, and also between components of the legislation of subjects of the Russian Federation as they co-operate not only among themselves, but also with the federal legislation.

All it causes some question at the analysis of system of the legislation of the subject of the Russian Federation and a place in this system of the suffrage of the subject of the Russian Federation:

1) whether the system of the legislation of the subject of the Russian Federation is completely similar to system of the federal legislation, i.e. whether the system of the legislation of the subject of the Russian Federation, as well as federal legal system consists of branches and, accordingly, whether there are such branches of law of the subject of the Russian Federation as the constitutional (authorised) right of the subject of the Russian Federation, administrative law of the subject of the Russian Federation etc., or they have the status podotraslej (institutes) of the right of the subject of the Russian Federation;

2) whether is the suffrage of the subject of the Russian Federation a component of the constitutional (authorised) right of the subject of the Russian Federation by analogy to the Russian suffrage and a constitutional law of the Russian Federation, or independent branch or podotraslju (institute) of the right of the subject of the Russian Federation (depending on the answer to the previous question).

Mechanical transferring of an internal structure of system of the federal right to the legal system of the subject of the Russian Federation and parity application between a constitutional law of the Russian Federation and the Russian suffrage to a parity of the constitutional (authorised) right of the subject of the Russian Federation and the suffrage of the subject of the Russian Federation would be the most simple decision of these questions. However the analysis of the federal device of Russia and a real condition of the suffrage of subjects of the Russian Federation, its communications with the federal suffrage and the constitutional (authorised) right of the corresponding subject of the Russian Federation do not allow to make such vyvodfederativnoe the device of Russia is based on a principle of division of terms of reference between the Russian Federation and its subjects. As well as in many federative states, the Constitution of the Russian Federation subdivides terms of reference on federal, subjects of Federation and subjects of joint conducting the Russian Federation and subjects of the Russian Federation (item 71-73 item). The Russian Federation and its subjects are independent at legal regulation of the terms of reference. Thus, the Russian Federation cannot regulate the public relations entering into terms of reference of subjects of the Russian Federation which, in turn, not can regulate independently accordingly the public relations entering into terms of reference of the Russian Federation that does not exclude possibility of subjects of the Russian Federation to reproduce norm of federal normative acts in the certificates [53].

Within the limits of subjects of joint conducting the Russian Federation and its subjects the Federation publishes federal acts and laws and other standard legal acts of subjects of the Russian Federation are passed according to them. Laws and other standard legal acts of subjects of the Russian Federation cannot contradict the federal acts accepted within the limits of terms of reference of the Russian Federation and subjects of joint conducting of the Russian Federation and its subjects. In case of the contradiction between the federal act and other certificate published in the Russian Federation, in the given sphere the federal act (item 76 of the Constitution of the Russian Federation) operates.

Specificity of the suffrage (in objective sense) as a whole and the suffrage of subjects of the Russian Federation, in particular, is that by means of it public authorities and local governments are formed, and also realisation of suffrages of citizens, that is the rights to select and be the elite in public authorities and the local governments, fixed by item 32 of the Constitution of the Russian Federation is provided.

In a federative state this dualism of the suffrage has not only theoretical, but also practical value as in the Russian Federation according to item 71 of the Constitution regulation and protection of the rights and freedom of the person and the citizen are included into terms of reference of the Russian Federation, and an establishment of the general principles of the organisation of system of public authorities and local governments and only protection of the rights and freedom of the person and the citizen agrees item 72 of the Constitution Russian concern subjects of joint conducting the Russian Federation and it is

tov. Thus some questions connected with election of public authorities of subjects of the Russian Federation, for example, a choice of the applied electoral system - majority, proportional, or other, concern according to item 73 of the Constitution of the Russian Federation terms of reference of the subject of the Russian Federation as they are not fixed in the item of item 71 and 72 Constitutions. But it is necessary to notice, that with acceptance in 2002 of new edition of the Federal act «About the basic guarantees of suffrages...» In this sphere there were some collisions (dissertation item 3.1 see). On sense of item 73 of the Constitution of the Russian Federation the establishment of concrete parametres of selective procedures concerns a subject of exclusive conducting subjects of the Russian Federation according to oso - bednostjami subjects of the Russian Federation and local communities.

Into terms of reference of subjects of the Russian Federation in suffrage sphere enters:

• an establishment of guarantees of suffrages of the citizens supplementing the basic (federal) guarantees, provided by the Federal act «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation» and other laws, concerning elections in public authorities of subjects of Federation and local governments, thus subjects of the Russian Federation cannot change or belittle federal (basic) guarantees of suffrages of citizens;

• regulation of an order of elections to regional public authorities;

*

On

Peasant V.E.Kodifikatsija of the selective legislation in the subject of the Russian Federation (on an example of the Voronezh area)//Legislative activity of subjects of the Russian Federation. Materials of scientifically-practical conference (on November, 26-27th, 1997). Saratov, 1998. With. 77.

• definition of an order of elections in local governments according to the Federal act «About the general principles of the organisation of places - shch nogo self-management in the Russian Federation».

In practice overwhelming majority of the norms regulating elections in public authorities of subjects of the Russian Federation and local governments, are fixed in the Federal act «About the basic guarantees of suffrages...» And the regional legislator reproduces them in the laws, carrying out independent regulation in the certain sphere given to it by the federal legislation. The federal legislator proves application of such scheme of legal influence on these public relations that Russian * Federations are included into terms of reference regulation and protection of the rights and freedom of the person and grazhda

nina (the item in"item 71 of the Constitution of the Russian Federation), including, and with reference to elections.

In jurisprudence it was already noticed, that this necessity of duplication is caused by the requirement of convenience of using the legal act. Full duplication of federal rules of law allows to narrow sources of the suffrage to one certificate. However at duplication of federal norms in the legislation of subjects of the Russian Federation arises opas - ^ nost their distortions. Duplication of federal norms does not fix them dejst

vie. Federal norms in suffrage sphere (concerning joint conducting the Russian Federation and subjects of the Russian Federation) already are operating without dependence from law-making of subjects of the Russian Federation. However the special konstitutsionno-legal status of subjects of the Russian Federation allows to estimate duplication of norms федеральні [54]

nogo the selective legislation and as the certificate of original "recognition" of these norms from a legislature of subjects of Federation [55].

C the account of that in laws of subjects of the Russian Federation of norm of the Federal act «About the basic guarantees of suffrages...» Can is reproduced textually or can their sense is reproduced only, or norms of the Federal act can be exposed bolshej or smaller detailed elaboration, that, the opinion was expressed, that laws of subjects of the Russian Federation as sources of the suffrage have no independent value as are secondary in relation to the Federal act «About the basic guarantees of suffrages... Whether» also is not of great importance it is accepted in the subject of the Russian Federation uniform kodifikatsionnyj the certificate on all questions of the suffrage or not [56].

Agreeing with that the federal legislator has not given to subjects of the Russian Federation of the big freedom in sphere of regulation of selective relations, it is necessary to recognise all the same this judgement unduly categorical. Legislators in subjects of the Russian Federation, using those possibilities which are given by the Federal act «About the basic guarantees of suffrages...», can apply various variants of regulation of electoral relations.

So, depending on what electoral system was chosen by the legislator in the subject of the Russian Federation, results of elections in public authorities of the subject of the Russian Federation and local governments depend. Even taking into account last short stories in this area elections in legislative (representative) public authority can is spent both on mixed, and under a proportional electoral system.

For the same reasons hardly it is possible will agree with the point of view that it is impossible to apply the term «the regional suffrage», and it is necessary to speak about «the regional selective legislation» as a subject of regulation both on federal, and on regional levels same - selective relations, their object is, first of all election of corresponding elective persons and delivery by the certificate of choices of law express choice on osushchestvle -

82

nie the power and local government.

About a parity of concepts "right" and "legislation" with reference to legal system of the subject of the Russian Federation above it was already spoken, however it is necessary to note, opponents of the term «the suffrage of subjects of the Russian Federation» choose argument dangerous and for the constitutional (authorised) right of subjects of the Russian Federation recognised as them. If it is possible to speak only about «the regional selective legislation» as at it and the federal suffrage the same subject and object then cannot be and a constitutional law of subjects of the Russian Federation, and is only «the constitutional legislation of subjects of the Russian Federation» as at such criteria it is difficult to find a difference between a subject and object of a federal constitutional law and a constitutional law of subjects of the Russian Federation.

In jurisprudence influence by federal certificates of elections in subjects of the Russian Federation was already noticed, that, leaning against the right of exclusive regulation by federal public authorities of the terms of reference fixed in item 71 of the Constitution of the Russian Federation, is the prevailing scheme of influence on corresponding public relations, with "impregnation" of separate elements of regulation, characteristic for subjects of joint conducting the Russian Federation and its subjects established by item 72 of the Constitution: Extremely detailed fede - [57] ralnoe regulation is characteristic for formation of election districts, drawing up of electoral registers, definition of an order of activity of electoral commissions, a voting procedure and vote tabulation of voters, an establishment of results of voting, election returns and their publication, appellate procedures of infringements of suffrages, an order of application of sanctions to candidates and other subjects of the suffrage, and also the answer -

pl

stvennosti for infringements of suffrages of citizens.

Judiciary practice develops in such a manner that courts as a matter of fact demand from legislators in subjects of the Russian Federation on some questions to reproduce norms of the federal legislation on elections, or to it to refer. So, the Supreme Court of the Russian Federation has defined, that, having analysed positions of item 1 of item 40 of the Code of Altay territory «About elections, a referendum, a response of deputies and elective officials» from November, 5th, 1999, the Altay regional court «has come to a correct conclusion that the bases for refusal in registration of the candidate can be established only the Federal act« About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation (item 32)/is a question of the Federal act from September, 19th, 1997 «About the basic guarantees of suffrages...» (In red. The Federal act from March, 30th, 1999) - tonics, the author/.

At the same time, any of 14 bases for refusal in registration of the candidate redaktsionno does not reproduce corresponding positions of the Federal act «About the basic guarantees...». That is, the subject of the Russian Federation, taking into account requirements of point 9 of item 32 of the specified Federal act, should specify in the Code or in, whether - that the electoral commission has the right to give up in registration of the candidate on the bases named in the Federal act, [58]

bo to reproduce (produblirovat) with reference to the bases for refusal in registration of the candidate of position of the Federal act »84.

It suggests that at the suffrage of the subject of the Russian Federation is much more interrelations with the federal suffrage, in particular, with the Federal act «About the basic guarantees of suffrages...», than with the constitutional (authorised) right of the subject of the Russian Federation. Considering these circumstances following from features of the Russian federalism, it is possible to draw a conclusion, that the suffrage of the subject of the Russian Federation is a part of the legislation of the subject of the Russian Federation, but rather independent from the constitutional (authorised) right of the subject of Federation formation. In this connection again there is a question on structure of the legislation of the subject of the Russian Federation, whether it consists of branches or podotraslej (institutes) and, accordingly, whether is the suffrage of the subject of the Russian Federation branch or podotraslju (institute) of the right of the subject of the Russian Federation.

It is represented, that there are bases for a recognition behind the suffrage of the subject of the Russian Federation in particular, and components of the legislation of the subject of Federation as a whole, no status of branch of the legislation of the subject of the Russian Federation, because the legislation of the subject of Federation as already was marked, is rather recently appeared legal phenomenon with insufficient structural symmetry.

So, for example, such major terms of reference are deduced from sphere of legislative regulation of the subject of Federation, as the judicial organisation, Office of Public Prosecutor, the criminal, criminal procedure and criminally-executive legislation, amnesty and the pardon, civil, grazhdanskoprotsessualnoe and the arbitrazhno-remedial legislation, intellectual property legal regulation that gives to the legislation

R4

Definition of the Supreme Court of the Russian Federation from December, 4th, 2001 on business № 51 TH 1-27//the Bulletin of the Central electoral commission of the Russian Federation. 2001. № 11. With. 63.

The subject of the Russian Federation subsidiary in relation to the federal legislation character.

Thus the circle of terms of reference of the Russian Federation and subjects of joint conducting Federation and its subjects is so wide (about 93 positions), that, at first sight, in terms of reference of subjects of the Russian Federation of anything and does not remain. Own legislative competence of federation and subjects of its joint conducting with subjects in the set represent such most extensive zone of legal regulation, that it is necessary to strain very much legal imagination to find desert islands on which it is possible to lodge regional legal forms [59].

All it is imposed on absence of the major federal acts and excessive detailed elaboration of the federal legislation in sphere of joint conducting the Russian Federation and subjects of Federation [60].

The developed situation allows to draw a conclusion, that in subjects of the Russian Federation there was no own definitively generated legal system consisting of branches of the legislation, - the legal system of the subject of Federation is insufficiently developed and independent, and also "subsidiary" in relation to federal legal system. And, accordingly, components of the legislation of the subject of the Russian Federation are insufficiently developed and consist of rules of law which often or duplicate the norms containing in federal normative acts, or carry out legal regulation in rather small spheres on volume.

Absence of independence in relation to federal rules of law of legal acts of subjects of the Federation regulating public relations, entering into sphere of terms of reference of the Russian Federation and a subject of joint conducting Federation and its subjects, calls into question formation in these spheres of branches of the legislation of subjects of Federation as the branch of law is considered as the largest, basic division of the legal system, set of the interconnected rules of law regulating independent, qualitatively original sphere public from H

The carrying demanding special, legally independent regulation and, it is represented, that this independence should extend not only on horizontal relations between rules of law, but also on a vertical - ^ nye, that is by branch of law the legal education cannot be recognised,

Subordinated a higher part of legal system. Certainly, this statement cannot be applicable to relations between a constitutional law of the Russian Federation as leading branch of the Russian right, and other components of the Russian legal system as the constitutional law establishes main principles of legal system, real and which independent application directly occurs not constantly but only in case of absence of rules of law realising them or if those d contradict these principles.

In such kind components of the legislation of the subject of the Russian Federation cannot apply for the status of branch of the legislation and it is impossible to agree with the point of view, that the legislation of the subject of the Russian Federation on elections is a branch of the legislation of the subject of the Russian Federation. Thereby, it is possible to draw a conclusion, that the right of subjects Russian Fe -

87

The Russian legal encyclopaedia. Under obshch. red. A.J.Suhareva. M., 1999. With. 673.

87 See: Petrov A.A.principle of the suffrage in decisions of the Constitutional Court of the Russian Federation//the Academic legal magazine. 2001. № 1. A site «Academic legal magazine». http://www.advocat.irk.rU/aum/3/3_4_l.htm (11 janv. 2003).

deratsii can consist from podotraslej or institutes. From this follows, that the suffrage of the subject of the Russian Federation is podotraslju (institute) of the right of the subject of Federation which can apply for isolation from podotrasli the rights of the subject of Federation - the constitutional (authorised) right of the subject of Federation. Hence, it is possible to draw a conclusion, that the Russian suffrage "across" consists of the general and especial parts; and «on a vertical» - the federal suffrage and the suffrage of subjects of the Russian Federation. At such construction of system podotrasli (branches) of the suffrage the general part, in overwhelming majority consists of federal rules of law that is a consequence of the practice which have developed at the moment of legislative regulation.

Considering the suffrage of subjects of the Russian Federation as podotrasl as independent podotrasl (institute) of the right of the corresponding subject of Federation, it is necessary to notice (institute) of the Russian suffrage and the suffrage of the concrete subject of the Russian Federation, that it is impossible to open concept of the suffrage of subjects of the Russian Federation, not having investigated a subject of this institute of the right.

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A source: Sergeev Dmitry Borisovich. the Suffrage of subjects of the Russian Federation (konstitutsionno-legal research.) the dissertation on competition of a scientific degree of the master of laws. Vladivostok - 2003. 2003

More on topic 1.1.2 Suffrage of the subject of the Russian Federation as podotrasl (institute) of the right of the subject of the Russian Federation:

  1. 1.1.1 Suffrage of subjects of the Russian Federation as podotrasl (institute) of the Russian suffrage
  2. 3.1 Choice the subject of the Russian Federation of an electoral system and conformity of the suffrage of subjects of the Russian Federation to the federal legislation
  3. 1.2 Subject of the suffrage of subjects of the Russian Federation
  4. in the first paragraph – «it is administrative – a legal status of the head of the subject of the Russian Federation» - the institute of the head of the subject of the Russian Federation on an example of the Head of Republic North Ossetia - Alanija is considered.
  5. IT IS SUBJECT - THE OBJECTIVE ANALYSIS OF MANAGEMENT OF THE STATE OWNERSHIP IN THE SUBJECT OF THE RUSSIAN FEDERATION (ON THE EXAMPLE OF KHABAROVSK TERRITORY).
  6. the first paragraph is devoted the general questions financially-legal status subjects of the Russian Federation, financial powers of the subject of the Russian Federation
  7. RE-STRUCTURING IT IS SUBJECT - OBJECTIVE STRUCTURE OF MANAGEMENT gosobstvennnostyo AND THE ECONOMIC RIGHTS OF THE SUBJECT OF THE RUSSIAN FEDERATION.
  8. THE CHAPTER I. IS SOCIAL-LEGAL BASES OF THE KONSTITUTSIONNO-LEGAL STATUS OF THE PERSON IN THE RUSSIAN FEDERATION AS SUBJECT OF THE SUFFRAGE.
  9. 2.1.3 Federal act «About the basic guarantees of suffrages and the rights to participation in a referendum of citizens of the Russian Federation» and the suffrage of subjects of the Russian Federation
  10. Sivkov Sergey Ivanovich. the Konstitutsionno-legal status of the person as subject of the suffrage of the Russian Federation. The dissertation On competition of a scientific degree of the master of laws. Moscow 2003, 2003
  11. Grigoriev Vitaly Grigorevich. FORMATION And ACTION of the LEGISLATION of the SUBJECT of the RUSSIAN FEDERATION (ON the EXAMPLE of the SAMARA AREA And OTHER SUBJECTS of the RUSSIAN FEDERATION). The dissertation on competition of a scientific degree of the master of laws. Samara - 2005, 2005
  12. 2.1 Standards of international law, legal positions of the Constitutional Court of the Russian Federation, the federal legislation on elections and the suffrage of subjects of the Russian Federation
  13. features of budgetary crediting by the subject of the Russian Federation
  14. In the second paragraph – «Enforcement authorities of the subject of the Russian Federation
  15. Chapter 1. Concept and a subject of the suffrage of subjects Russian Federations
  16. the state guarantees of the subject of the Russian Federation