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§ 1. The centralised and regional legal regulation in Russian empire

Russian empire was not a federative state to which the state admits theory of state and law in strictly scientific sense with such form of the territorial device at which legally possessing certain political independence, some states (the state formations) form one allied 45 state [4], «the confederation based on the contract or the constitution» [5].

Has historically developed so, that definition of a classical federative state is not absolutely admissible to under construction not "from below", and "from above" the Russian Federation. Subjects of federation became those owing to their establishment the central power and transfers of a part of the powers by it. So is not casual, that in the first Russian Constitution (1918) there was no list of subjects of federation, and in the Constitution of the Russian Federation 1993 (item 65) is already fixed.

Feature of the Russian statehood was and there is a multinational structure of the population which as many domestic political scientists considered, assumes not federalizatsiju, and autonomism of separate territories of Russian empire in a combination to a cultural autonomy [6]. So, F.F.Kokoshkin believed, that
«Decentralisation in its this or that form always serves as powerful means for satisfaction of requirement of the population in self-determination, in particular in cultural self-determination» [7]. Because of huge scales of territory of Russia and in view of a variety of national structure of its population it is necessary not only local decentralisation of management, but also «legislation decentralisation». Thus «local representatives of the nation-wide power or the central government should have data on local laws published by independent bodies before their reduction in action». According to F.F.Kokoshkina, «the autonomy is an order of the edition of local laws necessary in the representative state; it is necessary there, so far as and in those limits, where as and in what limits local laws» are necessary. Odnako F.F. Kokoshkin did not divide idea federalizatsii Russia, specifying, that the federal device is not equitable to interests of construction of the stable state in Russia for «the federation assumes, if not long equality of components, anyway, their comparability, their commensurability, their approximately identical relative density». As considered F.F.Kokoshkin, there is an obvious combination of nationalities and non-uniformity of development of various territories, therefore defined federalizatsiju Russia to a national sign as a true way to  destruction of the Russian state.

And presently M.N.Marchenko considers: «Any federal, no less than the unitarian state has the beginning - the origin and formation period, the apogee - the period of the highest development and blossoming, and, accordingly, the withering and decline period, the end. So was, for example, with the federal device of the Soviet state - the USSR» [8]. Not casually the author patriotically has not included the Russian Federation in number of the "doomed" states. It is necessary, the given forecast carrying so
Pessimistic character, especially in relation to the western federative states, at least the next decades hardly is actual.

Rather original thought on origin of federative states was stated by M.H.Farukshin: « The initial sense of the term "fedus" is reduced to that the federation and confederation are formed from below at the initiative of participants of these formations.

However in the subsequent as it often happens, the maintenance of the specified term has essentially changed and under the influence of political practice has got a number of new values. Federal, for example, began to be called and the states with the forms of the device which have become by result of not voluntary will and the consent, and the model imposed from above »[9]. According to Russian historian N.I.Kostomarov,« the beginnings connecting the earths among themselves, though were sufficient to admitting these earths to break up and everyone to start to live absolutely irrespective of others, but were not so strong to muffle any local display and to merge all parts in a single whole. All history of Russia of specific way is gradual development of the federal beginning (it is allocated by us - L.G.) But at the same time, its struggle against the autocracy beginning »[10].

The history of the federal Russian state, as well as foreign federations, confirms their dynamical development under the influence of changes of sociopolitical and economic conditions of a life of a society. The federalism shows dynamics, process, not simple, but cyclic, testified by periodically changing character of relations between federation and its subjects. These relations during the different periods of history can be in various degree rigid, centralised or decentralised. The given process is not spontaneous, and
It is caused, as well as character of all federation, set not only objective, but also subjective factors [11].

In the domestic literature ideas about not which federalizatsii a public and state life in Russia already in VI - express IX centuries. So, M.V.Gligich-Zolotareva of M. V, I.P.Petrov, V.M.Polezhaev, V.V. Gajduk, A.P.Garanzha and some other scientists in the field of jurisprudence, histories and political science enter into a scientific turn the term "protofederation", calling it «the slavic political structure functioning on the basis of a so-called number which was understood as the agreement, the contract between the centre (the princely power) and regions (the northwest earths of Slavs)» which further «has been lost in connection with process of centralisation of the government which has reached of the peak in reign of Catherine the Great [12]. A.P.Garanzha writes:« Arisen in the end of IX century as a result of association of the southern and northwest superunions the Old Russian state was to middle H of a century rannefeodalnoj the asymmetric protofederation headed by the Grand duke to Russian with considerable independence of princedoms entering into it, presence of nation-wide body in which there were representatives of all Russian earths. As a result of actions of Grand dukes of Russian on strengthening of "a power vertical» in the Old Russian state in X - XI centuries the feudal genealogical protofederation in which local princely dynasties are replaced with members of federal princely dynasty Rjurikovichej is built.... At Ivan IV Grozny specific princedoms have been liquidated and is generated unitary Russian

13 state »[13].

In our opinion, the statehood of Russia was closer to confederation. The similar conclusion is formulated by A.S.Morozovoj that «the origin of the Kiev Russia was confederative is there was rather friable union of tribes» [14]. Its position is based on R.G.Abdulatipova, L.F.Boltenkovoj and J.F.Jarova's convincing arguments which, defining the territorial device of the Kiev Russia as «federation of areas independent, covered by one chain of security guards», underline, that thanks to this konfederativnosti Russia has not obeyed the Horde: politsentrichnost became rescue and has kept it as a cultural generality [15].

Further the form of the territorial device of Russia is characterised as unitary with autonomy elements, and the legal official birth of federation in Russia has occurred to acceptance of the Resolution of the All-Russia Constituent assembly from the January, 18th, 1918, the Russian Democratic Federal Republic which has proclaimed Russia [16]. However process federalizatsii, according to V.V. Ivanov, the Declaration of the rights of the worker and the maintained people [17], approved by III All-Russia congress of Councils on January, 25th, 1918, proclaimed establishment Russian Soviet Federal Socialist has opened Republics (RSFSR) [18].

At the same time ideas, projects of transformation of unitary Russia in federation were considered both at official level, and among Decembrists, populists, panslavistov, and also anarchists [19].

During the various periods of history of development of a federative state the competence of subjects of federation in the field of legal regulation changes also. However before to analyze legal regulation evolution at level of subjects of the Russian Federation, it is necessary to notice, that polietnichnost the Russian state consolidated by a great Russian nationality, was from the moment of its occurrence, and this factor essentially influenced legal system of Russia.

Expansion of borders of Russia, as a rule, was accompanied enough by a loyal national policy of the imperial government which aspired not to break the developed rules of the economic system, traditional life, not to interfere with questions of creed of the attached people, specificity of management of new regions remained. For Russia the XX-th centuries occurrence in territory kvazigosudarstvennyh formations (the Kingdom the Polish and Great princedom Finnish), upon connected with Russia only the personal union is characteristic. As mark A.V.ram and A.A.Vartumjan, «in Russian empire the highest level of an autonomy has been given the Great princedom Finnish and to the Kingdom Polish. By inclusion time in structure both empires this region had the forms of the management which have developed according to the European cultural-political tradition. The kingdom Polish became a part of Russian empire in 1815, the Russian emperor became also the king of Poland, and the Constitution of 1815 has fixed
kvazigosudarstvennyj the status of Poland which even has raised in comparison with the period of Napoleonic domination »[20].

Let's stop on the analysis of law-making of regions in Russian empire which formally federation not was, but practice of independent regional legal regulation used. Sobsvennye acts were available for Ostzejsky territory (Baltic), the Kingdom Polish, Bessarabia, Finland (Swedish ulozhenie 1734), Siberia.

So, in the Kingdom Polish the Constitutional charter of 1815 that was showed in activity of the Diet of a kingdom, administration, a judiciary and legislation autonomy, a national principle of formation of officials and army operated. Thus the Polish Diet was the only thing in the countries to the central Europe the parliament selected direct elections with participation practically of all public classes though the share of participation of peasants was insignificant. Russian government practically did not interfere with affairs of a kingdom and in the basic concerned safety issues and participation of Russian monarchs in convocation and diet activity. Irreconcilable contradictions between a kingdom and empire were not created by sociopolitical distinctions of the constitutional kingdom and autocratic Russia [21]. After revolt of Poles in 1832 Instead of the "compromised" constitution emperor Nikolay I has published the Organic charter of the Kingdom Polish and a number of decisions which have been urged to strengthen the state connection between Russia and the Kingdom. In 1834 the union owing to what the Catholic church was under the rigid state guardianship which purpose was to break link of the Catholic episcopate with papal curia has been abolished. In 1837 in the Kingdom provinces and provincial management are entered, in 1840 is entered in
The reference the Russian coin, in 1841 special State council is abolished, with 1832 on 1852 class reform thanks to which the Kingdom Polish has received class self-management on the sample Russian [22] is spent. Repeated revolt in 1862 has led to cancellation of the Organic charter, to abolition of all special local government agencies, their replacement take up obshcheimperskimi.

In 1876 in the Kingdom Polish Judicial charters have been installed. Till this time civil relations were regulated Napoleon's by Code, operating partially along with the imperial Civil code of the Kingdom published in 1825 Polish, and published by the Hypothecary charter and the Law on the union marriage. In 1875 in connection with introduction of the Russian Judicial charters have ceased the existence the French grazhdansko-code of practice, the French notarial charter, and also some criminal procedure laws of Austro-Hungary and Prussia. Along with it the trade turnover was regulated by the French trading code of 1815 operating actually till 1917 which maintenance practically did not vary the imperial legislation [23].

The Ostzejsky edge (Baltic) included in structure of Russian empire under the Nishtadsky peace treaty of 1721 also had special privileges in operation in its territory of the local right, including the Swedish. Till 1845 local Baltic legalisations had unsystematized character, being a little combined with obshcheimperskim the right. Thus stated in the form of Usus Modernus Pandectarumримское the right was one of widespread sources of law in all Ostzejsky edge [24]. Further local establishments have been replaced by the general governmental bodies of management, therefore the local
Legalisations have ceased to dominate and were integrated with obshcheimperskimi. In 1845 the Arch of local legalisations of provinces Ostzejsky which positions in the subsequent were included into the Code of laws of Russian empire has been published.

In Bessarabia attached to Russia in 1812 on the Bucharest world, kept action concerning local population retsipirovannoe Moldavian gospodarjami the Greek-Roman (Byzantian) right which has remained since times of Turkish sovereignty [25]. In Bessarabia till 1917 as the local right it was used Shestiknizhie Konstantin Armenopulo (1345), this certificate in 1831 and has been published with an official translation into Russian 1854. Also till 1917 (Wise) 829 translated into Russian operated Vasiliki the Byzantian emperor of the Lion of the Philosopher.

On special position in structure of Russia from the moment of joining there was Finland that allows scientists to consider it «as an autonomy in Empire» [26]. The Legislature of the Great princedom Finnish - the Diet had essential powers in the field of the local legislation differing on many parametres from the imperial. As it is marked in the literature, the finnish legislation was not kodifitsirovano. Besides, «allocation, so-called, organic laws which, however it is impossible to characterise as the edge constitution as some authors tried to present took place. Plus to everything, there was no official position about what laws followed consider as the cores.... Up to beginning HH century there was no accurate differentiation of terms of reference between the centre and suburb - what laws of Empire had for Finland a binding character (the nation-wide
Laws), long time has not been defined.... Characteristic line of the finnish right was the considerable quantity of sendings to certificates of the Swedish period, that often led to legal collisions. Also a heritage of the Swedish period was division of local finnish laws on sejmovye, demanding the concordant decision of the Emperor and the Diet, and administrative for which acceptance was will of the Emperor »[27] enough. So, in 1734 empress Catherine II authorised application in Russia Swedish ulozhenija 1734 in criminal cases in territory of the Vyborg province - in Old Finland. Catherine II decree (on February, 19th, 1779) ordered, that« inhabitants old and novozavoevannoj Finland, jako people of one law, one language and equally subject its imperial majesties, are forced and to consist on the equal rights, without everyone one before others of advantage ». S.V.Kodan and S.A.Fevralev underline:« Thus even action of the subsequent edition of positions of Swedish ulozhenija which softened weight of punishments under criminal law admitted, i.e. most the retroactive effect of the foreign legislation on the criminal cases of Finns considered in Russia »[28] extended. In Alexander's manifesto I from March, 15th, 1809« About establishment of the rights of the Great princedom of Finland »preservation of the Swedish organic laws and the local right also was guaranteed. The Russian leader declared preservation grundlagar (constitutions) and their religion« together with liberties and the rights which each estate in particular and in general all inhabitants of Finland used »[29].

Swedish ulozheniem regulated a wide range of questions, including the real estate, inheritance, marriage, structures, trade, collectings, crimes and punishments, legal proceedings.

M.A.Isaev about the local finnish legislation writes: «In a general sense the special finnish legislation was necessary in the form of privileges to local residents and broke up on two branches: publichnoyopravovogo and civil-law character.» [30]. Among such certificates it is possible to allocate Council Establishment Pravitelstvujushchego (on August, 6th, 1809), the Manifesto about imenovanii Pravitelstvujushchego Council with the Imperial Finnish Senate (on February, 9th, 1816), the Instruction finnish the governor general (on January, 31st, 1812), etc. «to One of the main consequences of realisation of these certificates was that Finland connected after 1811 in a single whole, directly has been subordinated to the All-Russia emperor, passing central obshcheimperskie government agencies. Later nevertheless the given character of submission has been changed by the Manifesto from February, 15th, 1899 and a number of other certificates which have become by a source of item 2 Osn. gos. zak. From April, 23rd, 1906» [31].

With 1812 for 1859 the legislation of bodies of the imperial power in Finland was published in the form of the special regular arches published by Its Imperial Majesty and the Imperial Finnish Senate on economic, judicial and police affairs (the Collection of decrees and rescripts, explanations and instructions and the Collection of decisions, manifestos, decrees and other orders of the government). These collections since 1860 have been consolidated in one Collection of decisions of the Great princedom Finnish. In the subsequent there has been begun codification of local laws. The Obshcheimpersky law after 1906 had been accepted the underground group of questions according to which only the Empire centre could
To carry out zakonodatelstvovanie and to regulate, for example conscription (the internal finnish army of militian character has been definitively abolished in 1901-1905), associations of monetary system; means of communication.

All other questions were regulated by the Finnish Diet, but with the subsequent statement of these laws the Sovereign the Emperor [32].

Thus, there was an integration of the local right into system of the Russian right. As scientists mark, in Russian empire was allocated two levels of the legislation - nation-wide, operating on territory of all empire, and local, recognised as the Russian Supreme power functioning within the limits of legal systems of the separate national regions included in structure of the Russian state [33]. The local right in Russian empire in second half XYII - the beginning of XX centuries is characterised by scientists as set partikuljarnyh the legal systems presented operating concerning population of territories attached to the Russian state and sources authorised by the Russian power partikuljarnogo of the right, earlier developed in national regions in their occurrence in other states or presence at them own state

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Also it is right [34].

S.V.Kodan writes: «In XIX century legal regulation of a life of Russia was carried out at levels obshcheimperskogo and the regional legislation. And the last in many respects leant against a common law,
The state had been undertook attempts to codify a local population common law that promoted the account of "steppe laws» in the permission of affairs by the state bodies. Thus the state acted as the initiator of codification and financed carrying out of corresponding works. Such activity should promote integration usually-legal reguljatsy in legislative system of Russia »[35].

Nevertheless, usual legal regulation at many people, for example at Perm as specifies O.A.Plotskaja, has avoided codification up to 1st quarter of the XX-th century. Especially it concerned country [36 environment. We Will pay attention to that fact, that with occurrence of Komi in structure of Russia the central power to the population has not been impose a ban to apply the conventional rule because it did not offer resistance at edge occurrence in structure of the Moscow state [37], in those realities at the Perm ethnoses violent eradication of the developed common law was not carried out. To expansion of territory of the Russian state did not occur universalizatsii the rights and cultures.

Kalmyks, registration of which Russian citizenship has taken place in 1710, unlike other nomadic attached people, used not a common law, and the system of the legislation shown together in the Ojrato-Kalmyk charter [38], the representing arch of the decisions, called to regulate all aspects of life stepnjaka. Thus as the basic sources of this certificate sacred books of the Buddhism have been put. The decision of the Ojratsky charter has been added by Laws of khan Dondok
Dashi in 1758 also regulated the rights of Kalmyks which have generated the way of life for centenary stay in Russian earths. In 1762 Position about court Zargo, and in 1822 Zinzilinsky decisions [39 [40] has been published.

With joining of Ossetia to Russian empire the central power also «has not gone on full abolition of institutes of elders and public assemblies - they continued to operate in the modified form up to 1917». In the judiciary the court of public assembly quite often operated,

40 the cleaning oath was applied.

It is necessary to notice, that the Code of laws of Russian empire directly joined the regional legislation, in particular Siberian, Baltic, Polish [41]. From positions of the present V.N.Sinjukov regards this fact as one of variants of the special legal mechanism which is carrying out the joint competence of the centre and regions, thus inclusion of local certificates in the federal act is the sanction on them of the centre, and also forms

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Legitimate basis of a legal autonomy of regions [42].

National and the common law constituted considerable specific volume in obshcheimperskom the right. Some courts, for example volost, could be guided at delivering justice by regional norms. Moreover, the non-russian population at legal proceedings departure on private affairs could be guided by own customs and laws.

For example, at many people of Siberia long time remained communal justice. The state reckoned with features
Regional regulation of a public life, proceeding from idea of the limited, cautious intervention of the state institutes in system of traditional social communications, culture and economy of the non-russian people, also gave them the right of an independent choice of rate of integration into a dominating Russian society [43]. Gradually there was an interaction positive and a common law when the people of Siberia perceived obshcheimperskoe a positive law and supplemented with its common law in that part which remains not settled by Empire. Though in the subsequent the common law was replaced positive, for example, at Udmurts the custom of the polygamy extended from the end of XVIII century, in first half XIX centuries has been gradually superseded [44]. However in the literature the examples proving, as a common law oposredovanno are resulted influenced positive law development. In particular, in the country orders used by preparation of the Laid commission, the legislative proposals based on conventional rules [45] contained.

It is necessary to notice, that on civil cases national laws possessed leadership over the official imperial legislation. In the Code of laws of Russian empire it was defined: «At disagreement on reconciliation, Ulusnye Zargo affairs tjazhebnyja between Kalmyks about property assort and solve on ancient Kalmyk

To decisions, being guided at a lack their laws Russian »[46]. The arch contained also such rule:« In the decision of adversary proceedings district courts are based on steppe laws and customs »[47].

The secular national law, and also natsionalnoyoreligioznye norms was applied. So, religious norms kept the action almost among all Transcaucasian and mountain people at their joining to Russia. Sheriyat and the adat based on it were the special sources of law regulating absolutely all aspects of life of the person. For local population since 1867 special judges in which the most important disputes were considered only, concerning property, and also disputes of natives with the Russian, the heavy criminal functioned

48 crimes [48].

In the Code of laws it was defined, that «Decisions of District Court on Sheriyat are represented on the decision to Glavnonachalstvujushchemu by a civil part on caucasus which forwards similar affairs, preliminary decisions on consideration and a statement of the opinion to a mufti» [49]. Was in the Code of laws and such norm: «all affairs brachnyja Kalmyks are considered by rules of Buddhist creed and definitively dare Lamoju» [50]. O.A.Plotskaja notices, that throughout long time elements jazychestva in usually-legal system personified a common law of the Perm Finno-Ugric people of Russia [51]. Customs of a bride money - the repayment to parents were widespread or
To relatives of the bride, «otsog (veme)» - communal mutual aid, mutual hospitality and vzaimodarenija between relatives [52].

The code of laws established alternative on affairs with a national element of the Russian official legislation: «Adversary proceedings of foreigners. Understand originally chrez intermediaries and internal management of foreigners, on the basis of their customs and ceremonies; when tjazhushchiesja will be dissatisfied with the decision if the claim exceeds thirty roubles, nomadic foreigners understand, on an accessory, in world and general tribunals. Decisions on these affairs are based on steppe laws and customs of foreigners. At a lack of these laws the general decisions» [53] are applied. Other article of the Code of laws fixed: «Foreigners of the Stavropol province: Kalmyks, Nogajtsy and other names, cope the especial heads, on the basis of their steppe customs and ceremonies and rules.";"steppe laws priemljutsja offices in the basis in judgements about affairs inovertsev; the lack of steppe laws at the decision of affairs is supplemented with the general

54 legalisations »[54].

Concerning criminal law in XIX century together with "obshcheimperskim" the Penal code of criminal and corrective 1845 the independent criminal legislation (authorised by the emperor) existed in the Kingdom Polish [55] and in Finland [56]. The operating legal system defined, that at occurrence of collisions between it and obshcheimperskim the legislation the preferable choice was given to the last.

Also on Ulozheniju (1845) in case of fulfilment of minor offences in territories of compact residing representatives of some people and obshchnostej, such as Kirghiz and samodijtsy the Orenburg, Astrakhan and Arkhangelsk provinces and other foreigners, were responsible according to a common law, and local courts carried out concerning them jurisdiction [57]. Up to XIX - the XX-th century beginnings in the North Caucasus there was a system of religious vessels which were applied by consideration of criminal cases. As a common law of caucasus norms obshcheimperskogo criminal law, adats and Sheriyat [58] which began to be applied also by rural vessels with 1889 [59] acted.

Thus, orientirovannost the imperial legislation on integration of all people occupying Russia, it is independent of a violent or contractual way of inclusion to structure of the Russian state, does not allow to agree with the statement of some authors about colonial essence of a policy of Russia [60]. The real policy of Russian empire promoted as formation of the imperial nation and development of the unitary beginnings, and development of national consciousness of the people of Russia, legal bases of protection of special conditions of their ability to live, and as a result, realisations of the right ethnic and religious obshchnostej on self-determination in ethnocultural forms.

The analysis of features of legal regulation in Russian empire and features of a regional government convinces of formation of the tendency to federalism, in creation of favourable circumstances for federalism formation in domestic statehood.

The subsequent Soviet federal practice has resolutely refused use of the original legislation of regions, spread legal regulation centralisation through the unified positive legislation. Subjects of federation though had and nowadays have certain formal powers in legal regulation sphere, but use them mainly for reproduction, duplication and adaptation of the federal legislation.

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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 § 1. The centralised and regional legal regulation in Russian empire:

  1. § 1. Formation of Russian empire as multinational centralised state
  2. Chapter 2. Legal regulation of the centralised (budgetary) incomes
  3. Chapter 2. The Legal regulation which was carried out in Russian empire concerning destructive religious associations in second half XIX centuries
  4. CHAPTER 2. Classifications of sources of law of Russian empire in action of the Code of laws of Russian empire
  5. legal regulation of organizational-administrative activity on corruption preventive maintenance in regional vessels of the Russian Federation.
  6. KRAJNOVA Ekaterina Romanovna. HRONODISKRETNOE OBSHCHEPRAVOVOE RESEARCH of INSTITUTE of the APPEAL In RUSSIAN EMPIRE And the RUSSIAN FEDERATION. The DISSERTATION on competition of a scientific degree of the master of laws. Vladimir - 2016, 2016
  7. § 3. A freemasonry role in a state-legal life of Russian empire
  8. a place of sources of law in formed legal system of Russian empire (1832 - 1917)
  9. § 1.1. Theoretical bases of istoriko-legal research of system of work with shots of police of Russian empire
  10. Introduction in the federal and regional legislation of an order of legal regulation
  11. THE LEGAL STATUS OF DEPUTIES OF THE HIGHER REPRESENTATIVE BODIES UNDER ORGANIC LAWS OF RUSSIAN EMPIRE
  12. CHAPTER 3. State-legal measures of counteraction to bribery in Russian empire in XIX - the beginning of XX centuries
  13. CHAPTER 2. LEGAL BASES OF COUNTERACTION TO ABUSINGS IN SYSTEM STATE podrjadov IN RUSSIAN EMPIRE IN XIX - THE XX-TH CENTURY BEGINNING
  14. 4.3. Economic development of the Russian centralised state in sulfurs. XV – sulfurs. XVII vv
  15. 3.2. Participation of Russia in international legal regulation of trade by services within the limits of regional integration associations and within the limits of cooperation with regional integration associations
  16. legal regulation of inter-regional coordination of law-enforcement activity of bodies vnutrennihdel
  17. Regional features of legal regulation of preservation of the environment of the Arctic zone of Russia
  18. § 2 Value of regional international legal regulation in the field of use and protection of transboundary water currents
  19. § 3. Legal regulation at level of the subject of a federative state taking into account regional features