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§ 3. Legal regulation at level of the subject of a federative state taking into account regional features

In the historical plan, the radical reasons and legal regulation developments at level of the subject of a federative state lay in a deep variety of conditions of a life of the people living in various parts of this or that state.

So, M.H.Farukshin writes: «Radical sources of federation lay in a variety, heterogeneity and razdelennosti societies in which the state takes the form of federation. Last acts as means of reflexion and association in one state of diverse regional groups and interests - economic, social, ethnic etc.» [298].

The same point of view expresses also foreign scientists. So, from the point of view of one of them in a federative state division of imperious powers «between top and bottom government levels» [299] is supposed. Differently, the essence of the federal device of the state consists in, that by means of optimum distribution of the competence between the federal centre and subjects
Federations, reasonable decentralisation of imperious powers to achieve most the best results of development of territories and all country as a whole. As fairly marks J.F.Ismagilova, «presence of own law-making is the important condition of preservation of the nature of a federative state and promotes the decision of many urgent problems arising before each subject of Federation separately» [300]. The law-making essence at level of the subject of federation consists in purposeful standard regulation of public relations for optimum development of territories and improvement of conditions of a life of each of members of federation in the limits established by Federation.

Legal regulation at level of subjects of a federative state helps to solve a number of problems: to meet operatively legal lacks; to update an operating standard material, to bring it into accord with the changed realities and social requirements; to eliminate contradictions, other legal errors which are available in legal regulation.

For Russia vital legal regulation at level of subjects of federation. The huge territory, the big population, its multinational structure testify to impossibility of an effective legal regulation of relations only from the Center as the federal legislation will not reflect those aspects which represent the importance for the population of regions. The federal legislation, as a rule, establishes the general for all subjects of federation of model of regulation. But after all subjects of federation frequently differ geographical, climatic, social and economic and other conditions. For example, the Republic Adygea occupies the space 7,6
Thousand sq. km., and republic Sakha (Yakutia) - 3 million 102 thousand sq. km. Number of inhabitants of 83 subjects of the Russian Federation differs in 376 times, the area - in 338, volume of a total regional product - in 4,2 times, own incomes of the regional budget per capita - in 109 times [301]. Also the ethnic structure essentially differs. For example, of 21 republics only in 6 title population constitutes more than 50 %: the Chechen Republic (95,3 %), Ingushetia (94,5 %), Tyva (82 %), Chuvashiya (67,7 %), the North Ossetia (Alanija) (65 %), Kabardino-Balkariya (57,2 %) (Tatarstan (53,2 %) [302]. The high factor of a multinationality is peculiar to some subjects. In this respect to Bashkortostan concedes only Dagestan, in republic lives 57 % of the Turkic people approximately 38 % - slavic; hardly less than 4 % - Finno-Ugric.

Among believing in republic - Moslems, orthodox, Lutherans, iudei, etc.; in total it is extended nearby 20

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Various creeds [303].

Positive influence on economy development, well-being, population employment render natural resources (gas, oil, diamonds, etc.), separate subjects of federation are rich with them. The various territory of Russia has settled down in climatic belts from a polar circle to subtropics. Favorable climatic conditions promote development of agriculture which cannot be carried out, for example, in Chukchi autonomous region. Uniform for all Russia uses of the earths, natural resources it is not recommended can be, so in territory of some subjects it is a lot of woods, somewhere they are presented by different breeds, and in territory of others subetov
Mountains are stretched only. Fairly notices J.F.Ismagilova, that «to level in one rank» [304] all subjects of federation it is not obviously possible. But at the same time it is impossible to disagree, that the idea of alignment can be accepted as the purpose of improvement of a life in the country only on condition that ways for realisation of such idea will not be shown to sheer bureaucracy, reckless recutting of borders of the Russian subjects and them already more or less settled sociopolitical

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The organisations [305].

Subjects of federation have also other features - national, historical, cultural, inherent only to them. This specificity can be reflected in their standard legal acts.

Thus, economic, ethnic, social, geographical, climatic and other features of various regions of the Russian state cause use of difficult multilevel system of a state system and mnogourovnevost regulators of public relations.

The features inherent in subjects of federation, should be reflected in their standard legal acts, naturally not contradicting the federal legislation. Necessity of the account of real specific features of subjects of federation is one of the basic arguments in favour of granting of the right by it to carry out legal regulation at the level.

As it was specified in chapter 1 of the present dissertation, the Declaration of the rights of the worker and the maintained people which was included a component into the Constitution of RSFSR of 1918, the Soviet Russian Republic was founded on the basis of the free union of the free nations, as
Federation of the Soviet national republics. Edges, areas, independent formations, cities of federal value, autonomous regions and autonomous region have got the right to legislative activity rather recently, from the edition of the Decree of the President of the Russian Federation from October, 22nd, 1993 № 1723 «About fundamental principles of the organisation of the government in subjects of the Russian Federation» though such opinion is divided not by all political scientists, believing, that these territories have received the right to legislative regulation only after a recognition their subjects of federation in the Constitution of the Russian Federation 1993 [306].

Unlike republics former administrative and territorial units had no legal regulation experience. Therefore many republics have left far forward by quantity and quality of accepted laws. Besides, the territorially-state subjects, being earlier administrative and territorial units, are connected with the Russian Federation more rigid vertical communications expressed, in particular, in possibility of cancellation by federal bodies of illegal certificates of bodies of the representative authority [307], in necessity of registration of their enactments Presidium of the Supreme body of the Russian Federation [308]. Once again we will notice, that the Federal contract did not provide acceptance of laws by the territorially-state subjects.

Constitution of the Russian Federation in public accepted in 1993 recognised practically equal legal status for all subjects, however has fixed two types of subjects of federation - national-state and territorially-state. In Constitution item 5 it is proclaimed
Legal equality of all subjects of the Russian Federation, and in item 72 subjects of joint conducting Federation and its subjects irrespectively from a kind of subjects of the Russian Federation - republics, edges, areas, autonomous regions, autonomous region, cities of federal value are defined. Thus, at the constitutional level have been as much as possible levelled formalnoyopravovye distinctions between members of federation. Nevertheless, despite the principle of equality fixed in the Constitution, differences of republics from other subjects of federation nevertheless are looked through even in the Constitution, that, certainly, it is reflected in legal regulation at level of republics.

Republics as a part of Russia unlike other subjects of the Russian Federation are proclaimed the states (though already without definition "sovereign") which have the right to accept the constitution, instead of the charter, as other subjects of federation. The Federal Constitution concerning regional charters fixes, that they can be accepted by exclusively legislative (representative) public authorities while the way of acceptance of republican constitutions does not concretise. The establishment of the state languages enters into a subject of legal regulation of republics along with Russian. The constitution of the Russian Federation gives such right only to republics (ch. 2 items 68).

In jurisprudence has developed the discrimination to a problem of definition of the rights of separate subjects of federation.

A number of scientists approves, that in Russia the kinds of subjects allocated with the different rights, and, hence, are allocated with various volume of legal regulation: republics - the states and all other state formations. Supporters of this position try to prove the exclusive status of republics. S.S.Jagudin, proving the thesis about exclusive position of republics, approves, that «at the state as a part of the state (substates) a subject
The constitutional regulation should be similar to the state into which structure it is included [309]. It is represented, that the Constitution of the Russian Federation and constitutions (charters) of subjects of federation even if they are called as the states - raznoporjadkovye the phenomena corresponding as whole and its parts.

Modern researchers recognise the sovereignty only behind the federal authority, and correctly, in our opinion, approve, that public authorities of subjects of federation participate in its realisation as directly (at realisation of the separate powers of the Russian Federation transferred to it), and oposredovanno - by participation in realisation of the general state policy [310].

Supporters of other approach to definition of the rights of subjects of federation recognise that these rights depend on all six kinds of the subjects fixed in the Constitution of the Russian Federation. In particular, A.E.goat has drawn a conclusion that all subjects as politiko-territorial formations possess the uniform status - the subject of the Russian Federation,

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But this status is not identical and mnogovarianten [311].

A number of scientists in which number A.N.Lebedev approving, that the right of republics to be called the states and to have the constitution, are caused by features of acceptance of the Federal Constitution and have the attributive character which is not generating any consequences neither for republics, nor for
Other subjects [312]. The given opinion will be adjusted with a legal position of the Constitutional Court of the Russian Federation [313].

Really, the Constitution of the Russian Federation was accepted in special conditions - under the influence of two opposite tendencies: centripetal and centrifugal. About it writes J.F.Ismagilova: «... Inclusion in the Organic law of so-called republican privileges can be estimated as the political compromise which does not have accurate unequivocal consequences for federal union» [314].

A.V.Nikitin writes about a subject of regulation of constitutions and charters of subjects of federation, that it, «basically, is same» [315]. Subjects of the Russian Federation have similar powers on regulation of questions of economy, the finance, a social life, ecology and culture and so forth

Features of a subject of legal regulation of republics are connected, in particular, with fixed in ch. 2 items 68 of the Constitution of the Russian Federation the right of republics independently to establish the state languages. In our opinion, those languages of the people, ethnoses, the nations which name is used in names of republics can be. This statement concerns republics which are mononational, for example, the Chechen Republic, Sakha (Yakutia), Komi, Mordovia, Tatarstan, or binatsionalnymi — such, as Karachaevo-Circassia and Kabardino-Balkariya. At the same time, according to item 11 of the Constitution of Republic Dagestan republic state languages
Russian and languages of the people of Dagestan are. However in Dagestan, unlike other republics, there is no uniform state language. In one republican standard legal act there is no list of languages of the people of Dagestan. In 2014 the bill «About languages of the people of Republic Dagestan» in which 28 languages were listed was considered, however it has not been accepted [316]. State language function in republic is carried out by Russian.

Thus, definition of the status of the national language concerns a subject of legal regulation of republic. The federal centre does not regulate this question as the centralised regulation would mean belittling of independence of republics in the decision of the given question. State basically languages of the people which have entitled republic are proclaimed. So, in item 5 of the Constitution of the Republic Tyva accepted on a referendum on May, 6th, 2001, by state languages it is proclaimed the Tuva and Russian languages [317], in ch. 4 items 1 of the Constitution of Republic Bashkortostan - the Bashkir and Russian languages.

In a number of republics state some languages are proclaimed. So, in Republic Mary El - Mari meadow and Mari mountain languages. In those republics where laws on languages are passed, along with national (national) as the state Russian - in Buryatiya, Khakassia, Tatarstan is defined also, Sakha (Yakutia), etc. We also consider, that the use in a federative state in official activity of republican authorities only the state national language of the subject of federation is hardly lawful.

Only in item 11 of the Constitution of Republic Kareliya it is fixed, that a state language in Republic Kareliya is Russian. Thus
It is reserved, that the Republic Kareliya has the right to establish other state languages on the basis of the direct will of the population of Republic Kareliya expressed by a referendum [318].

It is necessary to tell that language is «soul of the people», means of expression of national consciousness, conducting state affairs, the organisations of all political, cultural and business life, relations between people and their associations. At such approach the right to communicate on the native language is perceived as one of inalienable laws of the person, the people, the nations.

It is necessary to consider, that languages of the people of the Russian Federation belong to various families and groups. The obvious majority of the population speaks in languages of slavic group indoevropejskoj families, and also in Turkic languages of the Altay family. Among languages there are staropismennye, mladopismennye and even unwritten. In some languages writing has been developed, but has not received distribution.

In each of 22 republic laws on languages which fix the status of a state language of republics operate.

According to ch. 3 items 68 of the Constitution of the Russian Federation subjects of federation should provide free development of languages in districts of compact residing of national minorities. Here along with Russian and state languages of republics in official spheres of dialogue language of the population of the given district can be used. So, in item 4 of the Law of Republic Khakassia from October, 20th, 1992 № 11 (red. From May, 5th, 2008) «About languages of the people of Republic Khakassia» it is defined, that the Republic conditions for preservation and development of languages of the small people which do not have national - state and national -
Territorial formations [319]. In the Law of Republic Sakha (Yakutia) from February, 20th, 2004 111-Z № 243-III «About the status of languages of the radical small people of the North Republics Sakhas (Yakutia)» it is defined, that Evenki, evensky, jukagirsky, Chukchi languages in places of compact residing of corresponding nationalities are recognised by local official languages and are used on a level with state [320]. In item 12 of the Law of Republic Buryatiya from June, 10th, 1992 № 221-XII (red. From July, 3rd, 2006) «About languages of the people of Republic Buryatiya» the right of the small population of Republic (evenki, Tatars, Germans, etc.) under condition of their compact residing on application of language of the majority of the population of the given district in activity of the state bodies, office-work, elections and referenda [321] is established. And in the law of Republic Tatarstan from July, 8th, 1992 № 1560-XII (red. From December, 3rd, 2009) «About state languages of Republic Tatarstan and other languages in Republic Tatarstan» as a guarantee of development of two state languages of Republic Tatarstan to citizens in which work the knowledge and practical application of these languages is necessary, extra charges at the rate to 15 % from the official rate of pay [322] are established.

Language guarantees of the rights of the people and national minorities contain special certificates about languages and laws of subjects of federation, For example, the law of Republic Tatarstan from August, 9th, 2003 № 165 (in red. From June, 7th, 2018) «About a referendum» [323].

According to item 11 of the Law of Republic Mary El from August, 1st, 2013 № 29-Z (red. From May, 8th, 2018) «About formation in Republic Mary
El »[324] Republic Mary El provides creation of conditions for studying and teaching of Russian and Mari languages in the state educational organisations of Republic Mary El and the municipal educational organisations, and in places of compact residing of representatives of other nationalities - their native language.

Though the Constitution of Russia concerning other subjects of federation does not mention possibility of an establishment of own state language, it does not prevent to develop it languages which are used in their districts. For example, according to item 4 of the Law of the Jewish autonomous region from October, 26th, 2017 № 150-OZ «About some questions of protection of the rights of citizens on a free choice of language of dialogue, education, training and creativity in the Jewish autonomous region», laws and other standard legal acts of area in necessary cases can be published in languages of the people of the Russian Federation, including in language a Yiddish [325].

Narrowing of a subject of legal regulation at level of subjects of a federative state was reflected in the status of republics from which competence the question of regulation of the citizenship today is withdrawn. Articles providing citizenship of republics have been excluded from texts of their constitutions. At the same time in several constitutions there is a mention of republican citizenship. For example, item 14 ch. 1 items 94 of the Constitution of Republic Tatarstan power of the President of Republic is provided to solve according to the law questions of citizenship of Republic Tatarstan. According to item 10 of item 3 before the mentioned Contract between public authorities of the Russian Federation and Republic Bashkortostan public authorities «About differentiation of terms of reference and mutual delegation of powers» under the authority of Republic Bashkortostan there were questions of citizenship of Republic
Bashkortostan. According to item 21 of the Constitution of Republic Tatarstan the republic has the citizenship. The citizen of Republic Tatarstan simultaneously is the citizen of the Russian Federation. And, on the contrary, in item 12 of the Constitution of Republic Altai it is fixed: «the Republic Altai does not establish the citizenship, starts with position of the Constitution of the Russian Federation about unity of citizenship in the Russian Federation and recognises, that each citizen of the Russian Federation in republic territory possesses all rights and freedom and performs the equal duties provided by the Constitution of the Russian Federation and the Constitution of Republic Altai» [326].

It is necessary to note also features slozhnosostavnyh subjects of federation who influence legal regulation at their level. The Federal Constitution recognises autonomous regions as subjects of the Russian Federation equal in rights and simultaneously supposes their occurrence in edge or area structure (ch. 4 items 66). Possibility of acceptance of the federal acts directed on fastening of a legal status of autonomous regions is provided also. However till now it is not accepted any federal act about autonomous region, the federal act about relations of edges, areas and autonomous regions entering into their structure. In practice there are legal complexities as there is an extensive sphere competing pravotvorcheskih powers of regional (regional) and district authorities [327]. In 1997 The constitutional Court of the Russian Federation has confirmed that fact, that autonomous region occurrence in structure of area does not cancel its status as subject of federation equal in rights, and to the full keeps it [328]. At the same time actually federal
Laws redistribute powers in favour of public authorities of edge, area [329]. One more feature directly connected with features of autonomous regions, use of contractual regulation in differentiation of powers between public authorities of area and autonomous region as auxiliary mechanisms of legal regulation of questions of the competence of relations between these subjects is. The analysis of contracts testifies to redistribution of powers, including normotvorcheskih in favour of area.

So, under the Contract between public authorities of the Tyumen area, Hunts-Mansijskogo of autonomous region - JUgry and Jamaloyonenetsky autonomous region from July, 9th, 2004 (from amendment from May, 29th, 2008) [330] since January, 1st, 2005 public authorities of Yamal-Nenets autonomous region carry out in territory of autonomous region of power of public authorities of the subject of the Russian Federation in subjects of joint conducting. Public authorities of the Tyumen area have the right to participate in territory of Jamaloyonenetsky autonomous region in realisation of some regional programs on social support of separate categories of the population, projects in the field of preservation of the environment and ecological safety, in the field of physical culture and sports, transport service of the population, etc. Action of the given Contract is extended on December, 31st, 2025 [331].

The analysis of the maintenance of legal regulation at level of subjects of the Russian Federation convinces that in regional certificates the accent becomes not only on
Social and economic sphere, but also national-cultural and duhovnoyonravstvennuju. A reality of today - growth interethnic and mezhkonfessionalnoj intensity in the world. The nationalism, religious intolerance become ideological base for the most radical groupings and currents. Destroy, undermine the states and divide societies [332]. However necessity of levelling of national differences from this does not follow and perekraivanija federations is exclusive to a territorial sign. Basically national-state subjects of federation for this purpose also exist to keep the national originality, traditions, culture to provide the worthy

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Level of development of the person in the territory [333].

Sufficiency of legal regulation by subjects of federation of national and spiritually-cultural sphere should influence positively maintenance of national safety in culture sphere in all country, preservation of the Russian cultural-moral values, strengthenings of spiritual unity of the multinational people of the Russian Federation and image of Russia on international scene as the countries with outstanding traditions and dynamically developing modern culture.

It is necessary to underline once again, that the principle of national statehood underlay the state federal device of Russia, however questions of development of national culture, formations, education, a national language have not received due attention from the state. Instead of creation of conditions for development of all territorial and ethnic communities, their initiative activity and independence, the federal centre tries to level features of legal regulation at level of subjects of federation, to erase distinctions between subjects, to impose the samples
Spirituality, the morals, frequently rather far from those ideals which really exist in community of this or that subject of federation. It is possible to agree with the statement what already now to turn consequences of this process to see practically impossible, «and present edges and areas in many respects represent only territorial and production structures inadequate to any form of statehood» [334]. Excesses unitarizma in the politician of the federal centre, strengthening javochnoj authoritative centralisation to the detriment of decentralisation and self-management of regions essentially brake national-cultural and spiritually-moral development of the people of Russia. Cultural, language, social assimilation - natural process, however it is impossible to impose and push him, as it stimulates intensity in relations between Federation and its subjects. Subjects of federation should possess sufficient possibilities in sphere of legal regulation, creation of the legal systems reflecting their local conditions, national and spiritual traditions.

For the Russian subjects of federation great value the questions connected with national specificity, ethnic self-identification - culture, language, a way of life have, traditions, myths, symbols, a family life, clothes and dwelling, festivals and ceremonies, art, craft etc. National self-identification and its display represents special value. To it testify, in particular results of the All-Russia census of 2002 when for the first time in the country universal practice of self-identification has been applied. The person has had an opportunity voluntary to gain independence in a national (ethnic) accessory. As a result instead of 126 nationalities in territory of Russia was
It is fixed 176 ethnic groups and the people. New small nationalities of Altai, Dagestan, Udmurtiya, Tatarstan, etc. [335] have been found out.

Therefore quite defensible special allocation in the Constitution of Republic Bashkortostan of position about warranting in Republic of realisation of the right to instructions of the national identity (item 53) is represented. Thereupon it is difficult to agree with V.A.Krjazhkova's opinion, that this norm in system communication with norms about right to define and specify the national identity (ch. 1 item 26 of the Constitution of the Russian Federation, item 31 of Constitution RB) «enters wrongful opposition of the rights», «. Creates illusion of that the named right is of great value, than the right of citizens not to define and not to specify the national identity, can provoke infringement of the rights of the last». In our opinion, this conclusion is decided, as that the citizen did not specify the national identity, to the subject of federation of anything to do it is not necessary, but if the citizen wishes publicly samoidentifitsirovatsja, and the Federation has not created to it for this purpose conditions, the subject of federation should provide corresponding guarantees. It is caused also by that at the heart of national self-identification of the person the desire to be the person of a certain nationality lays not simply, and comprehension of the accessory to a certain ethnic generality because of spiritual communication by common language, culture etc. not only owing to purely ethnonational origin, i.e. a nationality of parents, but also residing in corresponding territory. It is important and for the small people which the state guarantees defined preferentsii. In our opinion, an aggravation of national self-identification provoke, including unification imposing, and also formal
Or actual discrimination measures. It brightly confirms an example of South Ossetia and Abkhazia.

In the scientific literature the thought on modern understanding of the subject of law on self-determination - sets of citizens (population) of the subject of federation expresses. Thus the accent becomes on a withdrawal from an ethnic, language, religious basis of a generality as criterion for definition of the collective subject of law on self-determination - bashkortostantsev, tatarstantsev etc. And the conclusion what exactly this circumstance acts as a condition for realisation to the full the national sovereignty [336] becomes. Obviously, it is necessary to agree with this idea as she allows to develop to the subject of federation including in natsionalnoyokulturnoj and spiritually-moral sphere, to guarantee the rights territorial and ethnic obshchnostej.

This conclusion proves to be true also position of item 14 of the Constitution of Republic Tatarstan where the principle of assistance in development of national culture is erected to level of bases of the constitutional system of Republic Tatarstan, language, preservation of originality of the Tatars living outside of Republic Tatarstan. Thus in the Constitution international character of cultural function of Tatarstan as the states is underlined. Scientists fairly notice, that depending on a context of the Constitution of Republic Tatarstan the national is understood not only "Tatar", but also «as other

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National »[337].

Taking into account it the legislation of subjects of federation, regulating those or other aspects of national relations, should recognise that
They can establish the additional guarantees to ethnoses living in their territories connected with development of native languages, preservation and development of national crafts and crafts, a national cultural heritage, observance of national traditions and religious practices, the maintenance and protection of cult places, archaeological and historical monuments, ancient drawings, preservation and transfer of national traditional knowledge and an expert, histories, philosophies, education of children in own cultural identity, the name of places (streets, the areas and so forth) etc.

National-cultural originality of the people of subjects of federation is frequently reflected in their state symbolics. In it quite often specify constitutions (charters) and laws of subjects of federation. So, according to item 121 of the Constitution of Republic Tatarstan originality and traditions of the people of Tatarstan are considered and expressed in the state symbols of Republic - the State Emblem, the National flag and the Republic Tatarstan National anthem.

National and other features of subjects of federation are considered and in the legislation establishing the state holidays, connected with special national (national) events, national traditions. Now the state holidays and memorable days are established in twelve subjects of the Russian Federation, basically in republics.

So, in Republic Adygea 6 republican holidays of memorable days among which Put Republic Adygea formations, religious holiday Ramadan - Biram (Uraza) are founded. In Republic Altai it is legislatively established 10 holidays and memorials, including El - Ojyn - national games, CHaga - Bajram - a holiday of New year, Tjurjuk - Bajram - a cedar holiday, the Pancake week - prowaters of winter (on a slavic calendar), Nauryz - New year (on a Muslim calendar). In
To republic Bashkortostan are established 10 holidays and memorable days, including Uraza - bajram and Kurban - bajram which dates of carrying out annually appear the Republic Bashkortostan Government; "Drinking bout" - a national holiday of the termination of the vesenne-field works, which date is annually defined by the head of Republic. In Republic Kalmykia 4 holidays, including national holidays «TSagan - Sar» and "Zur" which dates annually appear decrees of the head of Republic Kalmykia are established. In Republic Tatarstan 6 holidays from which 4 have national-cultural aspect - Kurban-bajram which date of carrying out is established annually by the decree of the head of Republic Tatarstan are established; Day of the native language; "Drinking bout" and Russian national holiday "Karavon".

To Moscow has established 3 holidays, including Day of the Moscow university (Tatjanin day). The greatest quantity of the state holidays and memorable days - 24 - is established in the city of St.-Petersburg, including Peter the Great Birthday; Day of Ladoga - the first capital of Russia; Day of memory of Alexander Sergeevicha Pushkin; Day of transferring of hallows sacred blagovernogo prince Alexander Nevskogo and others.

As a rule, the state holidays and memorable days are established by laws of subjects of the Russian Federation. For example, the system of holidays and memorable days in the city of St.-Petersburg is defined by the Law of St.-Petersburg from October, 26th, 2005 № 553-78 (in red. From February, 5th, 2007) «About holidays and days of memory in St.-Petersburg» [338].

The state holidays and memorable days of subjects of federation can be declared the non-working days off. So, in Republic Bashkortostan - on October, 11th (Day of Republic), on December, 24th (the Republic Bashkortostan Constitution day), and holidays Uraza - bajram and
Kurban - bajram. In Republic Tyva one of the holidays declared by the day off, is a national holiday of the Step.

Subjects of federation who differ multinational structure of the population, consider it at legal regulation realisation. The general and specific approaches to fastening of national-historical structure of the population, maintenance of protection of the rights of the native people, national minorities are traced already at level of basic certificates of subjects of the Russian Federation - their constitutions and charters.

So, in constitutions of some republics it is noticed, that the power in republics carries out their multinational people with guarantees of protection of the rights of all people and national minorities, a recognition and respect of national-cultural and historical originality of the people (Dagestan), rendering of support in development and preservation of original national culture, language, the Tatars living outside of Republic (Tatarstan). In constitutions of the Kabardino-Balkarian Republic, republics Komis, Adygea, etc. it is proclaimed, that public authorities of these subjects promote national minorities in realisation of their rights to preservation and development of their national original culture, traditions and customs, condition for preservation and use in dialogue of the native language and its studying.

In the Charter of Primorye Territory it is proclaimed, that «in territory of Primorye Territory inalienable laws of the people living in it, small ethnic obshchnostej on preservation of originality, culture, language, customs and traditions» (ch admit and guaranteed. 5 items 2). In the Charter of Khabarovsk territory there are two articles «Guarantee of the rights of national minorities» (item 19) and «the Rights of inhabitants of northern territories of Khabarovsk territory to social protection» (items 20) obliging regional authorities to condition for realisation of the rights and legitimate interests of the small people of the North.

The constitution (Organic law) Republics Sakhas (Yakutia) is enough vivid example in respect of legislative regulation of questions of protection of the rights of the radical small people in which item 44 it is defined, that the territory Republics Sakhas (Yakutia) belongs to its multinational people and is the primordial earth of traditional moving of the radical people Republics Sakhas (Yakutia). A little earlier, in Constitution item 42 it is said, that the Republic Sakha guarantees preservation and revival of the radical people Republics Sakhas (Yakutia), and also Russian and other old residents. After the Republic Sakha (Yakutia) is declared, that, respects traditions, culture, customs of the radical people Republics Sakhas (Yakutia) and the radical small people of the North, protects and provides their inalienable laws, ranking, for example, the right of possession and using according to the law the earth and natural resources, including patrimonial agricultural, hunting, fishery grounds and other rights.

Order and conditions of realisation of other rights of the radical small people of the North which has been not provided by the Constitution, are defined 339

The separate law [339].

Along with national minorities in organic laws of subjects of federation others are mentioned also protected a generality - the nations and national groups (Republic Buryatiya), the radical people, Russian and other old residents (Republic Sakha (Yakutia), radical ethnos (Republic Khakassia), komi the people (Republic Komi), the Cossacks (the Chita area).

The legislation of subjects of federation on the radical small people and national minorities diverse owing to a variety of conditions, requirements, possibilities, and in some cases of absence of necessary federal statutes. In a regulation subject
Subjects of federation include the relations connected with self-management of the small people, maintenance of their rights to a traditional way of life, language and culture developments, etc. Laws of subjects are aimed at protection of monuments of history, culture and architecture of the radical small people (Yamal-Nenets autonomous region), their folklore (Hunts - mansijsky autonomous region), preservation and development of language of the given people (Republic Kareliya, the Magadan area, etc.), support of national art crafts (Khabarovsk territory, etc.), the organisation of formation taking into account requirements of the people (the Kamchatka edge, etc.).

Some subjects of federation pass separate laws, for example, in the Volgograd area the Law «About national relations in territory of the Volgograd area» [340] operates. In Republic Bashkortostan the Law from March, 17th, 1998 № 145-z (in red has been passed. From April, 28th, 2015) «About national-cultural associations of citizens in Republic Bashkortostan» [341] in which legal bases of national-cultural associations of citizens in Republic Bashkortostan are defined, guarantees it a free choice of ways and forms of national-cultural development.

Laws of separate subjects of federation establish such form of self-organising and self-management of the radical small people, as patrimonial or communal forms of housekeeping - patrimonial grounds which were widely applied in pre-revolutionary Russia. One of their purposes
Reconstructions it is caused by growth of local forms of self-management in the conditions of legal and economic independence of separate communities [342].

Thus, subjects of federation the normative acts protect the rights of national minorities, a primordial inhabitancy and a traditional way of life small ethnic obshchnostej, traditional cultural, religious and cultural wealth of the radical 343 small people and national minorities [343].

Subjects of federation pass laws and other certificates guaranteeing spiritual and cultural development of the people, concerning of education, formations, families, cultures, sciences, physical training, sports and other questions of welfare and spiritually-moral sphere. In this sphere the extensive file of regional acts testifying to positive dynamics of "socialisation" of the legislation of subjects of federation, maintenance of that way of life of the population which is equitable to its interests was generated. And it is not casual, because 96 % from a lump of culture establishments are in regional and municipal unions [344].

Legal regulation in subjects of the Russian Federation concerns also establishments of the state awards. The legislation of subjects of the Russian Federation defines forms, the name, positions and descriptions of the state awards and
Rules nagradnogo manufactures are established. For example, the specified aspects are reflected in the Law of the Tambov area that on February, 26th, 2003 №101-З «About awards of the Tambov area». The law of Republic Tatarstan from March, 24th, 2004 «About the state awards of Republic Tatarstan» provides following kinds of awards: an award «For merits before Republic Tatarstan», medals «For valorous work», «Ana are given - parent glory»; the Certificate of honour of Republic Tatarstan and Republic Tatarstan titles of honour (only 44 versions of ranks).

The legislation of subjects of federation regulates questions of preservation and popularisation of objects of a cultural heritage (history and culture monuments). In this sphere subjects of federation lead the state account of objects of the cultural heritage representing historical and cultural value, form target programs of their preservation, use, popularisation and the state protection.

Special value has regulation at level of subjects of the Russian Federation of questions of creation and support of the state museums, safeties and developments of museum funds, acceptances of measures to acquisition and returning in structure of museum fund of the subject of federation of museum subjects and the museum collections being in the property legal and physical persons and having value as national cultural property of the people of the subject of federation [345].

At level of subjects of a federative state legal regulation in the field of library service of the population is carried out. Practically in each subject laws on libraries and library business in which define an order of acquisition of the libraries which are in the property of subjects of federation, uses and maintenance of safety of library funds, them are passed
Availability to the population and other measures directed on improvement of the organisation of library service of the population.

Subjects of federation give a close attention to support of national art crafts. So, according to the Law of the Sakhalin area from September, 12th, 2000 (in red. From January, 27th, 2007) «About preservation and the development of national art crafts of the radical small people of the North living in territory of the Sakhalin area» regional public authorities give side benefits, is social-legal guarantees physical and to the legal bodies who are engaged in national art crafts of the people of the North, including: keep a profile of the enterprises at the decision of questions on sale of the enterprises of national art crafts of the people of the North; carry out measures on preparation of experts for work in the organisations of national art crafts of the people of the North; establish an order of preparation and acquisition of raw materials and the materials which are coming under to the account and protection according to the federal

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The legislation and so forth [346].

Subject of special care of subjects of federation is formation. In many subjects laws approve regional programs of a development of education, for example, in Republic Sakha (Yakutia) [347], in the Amur region [348]. In each subject of federation formation questions are regulated by system of acts. Practically in each subject operates the law on the formation, a regional component providing it of state educational standards,
Including studying of national languages, literatures and histories ethnic obshchnostej. In it it is realised national - an ethnocultural education system. For example, the Law of Republic Tatarstan from October, 19th, 1993 (red. From July, 13th, 2018) «About formation» studying of the Tatar and Russian languages as state is provided. Constitutionality of such right of Tatarstan is confirmed by the Decision of the Constitutional Court of the Russian Federation [349]. With a view of to improve and order scientific bases of construction of the Tatar alphabet «the Republic Tatarstan Law has been passed About streamlining of the Tatar alphabet» from the January, 20th, 1997, approving 38 letters of the Tatar alphabet.

In a number of subjects of federation acts for youth, the youth policy, for children are accepted. So, in the city of Moscow the Law from September, 30th, 2009 № 39 «About youth» [350] regulates the relations connected with realisation of the state youth policy of a city of Moscow. The law pursues the aims of formation at youth of feeling of patriotism, internationalism, moral ideals, an active vital position; education of respect for the rights and personal freedoms, to culture and traditions of other people, national and religious tolerance; education at youth of the careful relation to a historical, cultural and natural heritage; popularisations of a healthy way of life; counteractions to rise in crime, a narcotism, an alcoholism, glue sniffing and other dependences and the antisocial phenomena Are etc. allocated the basic directions of support of youth - in sphere
Vocational counselling, work and employment, in housing sphere, formation, public health services, physical training and sports in sphere of culture and scientific and technical creativity, and also support of the young citizens who are in a difficult vital situation, support of talented youth, young experts, etc.

The physical training and sports sphere also is regulated by acts of subjects of the federation, providing acceptance of target government programs of development of physical training and sports; increase in quantity of sports schools, the centres and clubs of all kinds and types and maintenance of preparation of a sports reserve, sportsmen of a high class for national teams of the Russian Federation by various kinds of sports; realisation fizkulturno-improving and sportivnoyomassovyh actions and so forth

In sphere of family relations by laws of subjects of the Russian Federation are established an order and conditions at which presence the introduction into marriage by way of exception taking into account special circumstances can be authorised before achievement of age of sixteen years [351]. For example, according to item 2 of the Law of the Kaluga area from June, 6th, 1997 № 10-OZ «About an order and conditions of the introduction into marriage in territory of the Kaluga area of the persons who have not reached age of sixteen years», from July, 31st, 1996 № 65-OZ «On regulation of some questions of family relations in the Novgorod area», item 2 of the Law of Murmansk area from November, 18th, 1996 "42-01-ЗМО" About conditions and an order of the introduction into marriage of the persons who have not reached age of sixteen years »the minor the conclusion of body of guardianship about absence of obstacles to the introduction into marriage is necessary to receive item 8 of the Law of the Novgorod area.

Subjects of federation have the right to make own legislative decisions concerning surname change at the introduction into marriage, a name and a surname of the child, the organisation and activity of enforcement authorities of the subject on guardianship realisation over children who have remained without care of parents.

As we see, in subjects of federation legal regulation in national-cultural and spiritually-moral spheres is developed enough and allows to provide in regions national and religious tolerance, respect for various cultures, the international world and the consent.

At the same time legal regulation at level of subjects would be more fruitful if the federal authority "did not usurp" a maximum of powers in sphere of joint conducting which considered aspects of social sphere concern, and on the contrary, would create conditions for the account of national and regional, cultural features of subjects of federation. Quite often federal legislation shows isolation from a social context, features natsionalnoyokulturnyh and spiritually-moral relations in various Russian regions, social inflexibility that cannot promote kulturnoyonatsionalnoj and social identification of the modern right. It is important to integrate the federal legislation with existing systems of traditional national regulation in subjects, to overcome formal "symmetry" of regional sources (copying of federal norms). Data to monotony of legal regulation at level of subjects of a federative state are in many respects strong-willed, artificial privnesenie in legal system of the principles alien to its federalistic nature, carried out as V.N.Sinjukov marks, «in years
Ideological centralisation and struggle against «bourgeois nationalism» [352]. It is necessary to balance optimum federal system of the Russian legislation for achievement of cultural and social completeness by it and harmonies by means of independent creative legal regulation of subjects of the federation, avoiding templates and dubbing-in. Legal regulation at level of subjects of federation should have possibility to participate in formation of all legal culture of Russia.

In a context of development national-cultural and duhovnoyonravstvennyh relations should be mentioned a problem of disappearance from a Russia map of six autonomous regions which have turned to territories with the special status, which else it is necessary to define [353].

M.H.Farukshina's statement that the federal form of a state system does not arise casually. Formation of a federative state grows out of the realised choice. The federation choice is objectively determined by the whole set of the vital circumstances representing social and economic and politiko-cultural problems which demand from a society of the permission and which often are easier resolved by means of realisation of principles of federalism. These circumstances find reflexion in the politician

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The state building. [354].

In the scientific literature it is possible to meet opinion on necessity of alignment of all subjects of federation [355]. In our opinion, levelling of subjects of federation, qualitatively various, will inevitably entail ignoring of their possibilities for improvement of position of citizens living in them. For example, the federal centre recognised as successful experience of legal regulation of housing-and-municipal problems in Republic Tatarstan. By working out of the target program «Development of innovative activity in the Udmurt Republic on 2010 - 2014» positive experience of state regulation of innovative activity in other subjects of the Russian Federation [356] was considered. Regional experience of standard regulation of questions of maintenance of a public order and the public safety has been recognised successful and deserving distribution in all territory of Russia. As an example it is possible to refer to the order of governor SanktYoPeterburga from December, 9th, 2000 № 1284-R «About a public order and safety at carrying out of mass sports, cultural-entertainment actions in St.-Petersburg» [357], the order of the mayor of of Moscow from October, 5th, 2000 № 1054-RM «About the statement of time position about an order of the organisation and carrying out mass cultural and educational, theatrically-entertainment, sports and publicity in to Moscow» [358], the Decision of the governor of the Moscow area from March, 5th, 2001 № 63-PG «About an order of carrying out of mass actions on sports constructions in the Moscow area» (together with Position about measures

Maintenance of a public order and safety at carrying out of mass actions on sports constructions in the Moscow area) 359 and others [359 [360]. The Federation Council carried out monitoring and promoted distribution of successful experience of legislative regulation of counteraction of corruption at regional level on all territory of Russia [361]. Scientists positively estimate legal regulation experience at level of subjects of federation of realisation of public control in various spheres, noticing, that «the collective experience saved up thus can be successfully used subjects of the Russian Federation in development of own legislation on public control» [362]. Also the attention, that larger subjects of federation located, in particular, in the central part of the country and in Urals Mountains, successfully involve to pravotvorcheskoj to work of leading scientists, the most competent practical workers from other state bodies and establishments (first of all is paid, there, where in the regional centres there are large colleges of law or faculties). Realisation of potential of representatives of jurisprudence, certainly, promotes efficiency increase
Activity of authorities and legal regulation at level of subjects of the Russian Federation [363].

Modern growth of tendencies of strengthening of the federal beginnings in the Russian system of legal regulation speaks necessity of increase in concentration and centralisation of resources of the state for the decision of internal economic and social problems; aspiration to an establishment of equal scale of controllability of the state in its different parts; a concentration of resources for the prevention and liquidation of consequences of technogenic accidents; internal security and law and order maintenance in a society; necessity of the operative decision of the problems connected with participation of the state in the international relations; an intensification of information streams and communications and problems of maintenance of national safety following from them.

The carried out research proves, that coincidence of a subject of legal regulation of all subjects of federation not only is impossible, but also is inexpedient. Therefore, in our opinion, instead of aspiration to unification of all subjects of federation it is necessary to give them equal possibilities for economic growth and welfare development by means of independent legal regulation of the major for subjects of questions of their ability to live. In the conditions of a federative state it is unjustified all circumstances set forth above to explain equating of subjects of federation to administrativnoyoterritorialnym to units of the unitarian states which legal status does not include legal regulation of the subject of federation as a separate element.

The originality of system of the legislation in each of subjects of federation speaks various objective and subjective
Factors, also it is shown in features of the maintenance of the norms regulating questions of conducting of the subject of federation. At the same time standard legal acts of subjects consolidate following features: 1) the limited territory of action and distinction in a circle of addressees in comparison with federal certificates; 2) the derivative character depending on the Constitution of the Russian Federation and other federal certificates; 3) specificity of a subject of legal regulation of the public relations, caused by limitation of the competence of subjects of the Russian Federation; 4) low level of a validity in relation to federal certificates (except for standard legal acts of subjects of the Russian Federations accepted within the limits of their residual competence); 5) a variety of the maintenance of certificates of separate subjects of federation against unity of the federal legislation. Occurrence of standard legal acts of subjects of federation in uniform obshchefederalnuju does not mean system, that all normative acts of subjects equally correspond with the federal legislation. One of these certificates are more independent, others - so are closely bound with federal certificates, that the norms containing in actually constituting a single whole.

Thus, despite of certain differences in a subject of regulation of subjects of federation, its conditionality interests of the population living in corresponding territories is obvious. Legal regulation at level of subjects of federation by and large should be subordinated the purposes of maintenance of protection and protection of the rights of citizens.

Excessive centralisation in legal regulation as many scientists "supercentralization" [364] consider, creeping audit of item 72 of the Constitution of the Russian Federation, contradicts the federal nature of the state. The decision of the questions listed in item 72 including by means of legal regulation, should dare the joint
Efforts - Federation and its subjects. It is impossible to absolutise unity of legal regulation in a federative state. As at federal level to consider all factors influencing public relations it is impossible, delegation of regulation to bodies of the regional power is natural in a federative state as the potential of subjects of federation is not homogeneous in connection with geographical, social, national, resource (industrial) and other differences. The unification of legal regulation containing in the federal legislation, interferes with the account of regional features. Association in a federative state is caused by the purpose (interest) of regional territorial collectives to keep the state isolation. Any restriction of the constituent powers realised by subjects of federation in the territory, does senseless idea of the federal device of the state. It strengthens risks of centrifugal aspirations [365].

The justification of centralisation and narrowing of volume of legal regulation at level of subjects of a federative state, exit cases for limits pravotvorcheskih powers are not always proved. Imperfect federal acts do not allow to remain in limits pravotvorcheskih powers of the regional legislation even to legislative subjects of law-making. It, first of all, concerns regulation of the relations entering into spheres of joint conducting. Undoubtedly that on some questions which concern the organisation and activity of public authorities of subjects of the Russian Federation, in legal regulation to prevail over a share of legal regulation of federal acts the share of subjects of the Russian Federation should.

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A source: Gazizova Lejsan Mahmutovna. LEGAL REGULATION AT LEVEL of the SUBJECT of the FEDERATIVE STATE: ISTORIKO-THEORETICAL ASPECT. The DISSERTATION on competition of a scientific degree of the master of laws. Ufa - 2018. 2018

More on topic § 3. Legal regulation at level of the subject of a federative state taking into account regional features:

  1. § 2. The maintenance of a design of legal regulation at level of the subject of the Russian federative state
  2. Chapter 1. The istoriko-legal characteristic of domestic legal regulation at level of the subject of a federative state
  3. Gazizova Lejsan Mahmutovna. LEGAL REGULATION AT LEVEL of the SUBJECT of the FEDERATIVE STATE: ISTORIKO-THEORETICAL ASPECT. The DISSERTATION on competition of a scientific degree of the master of laws. Ufa - 2018, 2018
  4. § 1.5. Features of legal regulation of procedure of a recognition and execution of the decision of the international investment arbitration taking into account its legal nature
  5. § 4. Modern foreign experience of legal regulation at level of subjects of federative states
  6. System of methods of state regulation at regional level
  7. § 2. Legal regulation at level of the subject of federation in the Soviet Russia
  8. § 3. Legal regulation at level of the subject of federation during the Post-Soviet period
  9. 2.4. Qualification of crimes in sphere of budgetary relations taking into account their subject
  10. Chapter 3. Tendencies and prospects of legal regulation of rehabilitation procedures in Russia taking into account foreign experience.
  11. CHAPTER 2. A multilevel design of legal regulation in a modern federative state
  12. §3.4. Features of classification and legal regulation of internal state financial audit (control) over account obligations public authorities of subjects of the Russian Federation and territorial bodies of Federal exchequer
  13. Three-level system of the legislation in a federative state: concept, structure and specificity
  14. § 2. Features of formation it is administrative Legal regime of natural monopolies at regional level.
  15. Chapter 3. Perfection of the organizational-economic mechanism of state regulation in industrial branches of natural monopolies at regional level
  16. §3. Problems of differentiation of responsibility of participants of dorozh the movement taking into account features of fulfilment of road and transport crimes
  17. § 2. Concept and essence of criminal procedure proving taking into account features of representation of the information on the facts in electronic form