Some questions of federalism and democracy

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Abstract work

Some questions of federalism and democracy

Coming from determination of theoretic of the constitutional law, on the one hand, the Constitution is the background politically legal act, forming up the whole system of legal relations of the country; on the other hand, it is the social agreement of the state with the population of the country. In accordance with the preamble of the current Constitution of the Russian Federation - Russia is the multinational country, a part of the world community with the united fate and the general territory has taken the present main law for the present and future generations in memory of ancestors, who transferred us the love and respect to the Fatherland, ensuring rights and freedoms of a person and a citizen and firm democratic bases, equality and self-determination of peoples to provide the welfare and prosperity of Russia. Performing of the above-mentioned terms in the preamble assumes development of the democratic, federative and legal state (Article 1 Part 1 of the Constitution of the RF). According to the Constitution of the RF the single source of authorities in the Russian Federation is its multinational people, whose direct expresser of authorities is the referendum and free elections (Article 3 Parts 1 and 2). The citizens of the Russian Federation participate in management of affairs of the state both directly, and through their own representatives, thereby have the right to elect and be elected to the bodies of public authorities and to participate in the referendum (Article 32 Parts 1 and 2). The specified rights are recognized and a guaranteed in the Russian Federation according to the uniform principles and norms of the international law in accordance with Part 1 Article 17 of the Constitution of the RF.

Thereby, democracy is one of the bases of the constitutional system of the RF, and is realized by the citizens by the referendum and free elections as high direct expression of the power of the people [1].

In the Federal law from June 12, 2002 "About the main guarantees of electoral rights and the right to participation in the referendum of the citizens of the Russian Federation" [2] there are installed the constitutional bases of the institute of free elections, as one of the forms of the direct expression of authorities pertaining to the people. In the preamble of the specified Federal law, there is indicated that democratic, free elections to the bodies of state authorities, bodies of local self management, as well as the referendum are the high direct expression of authorities pertaining to the people. The state guarantees free will of the people of the RF at elections and at the referendum, protection of democratic principles and norms of the electoral right and right to participation in the referendum. The electoral rights of the people is the constitutional right of the people of the RF to elect and be elected to the bodies of state authorities and bodies of local self management, as well as the right to participate in nominating candidates, lists of candidates, in election propaganda, in observation for undertaking elections, in functioning electoral commissions, including determination of results of voting and determination of results of elections, in other electoral actions in order, installed by the Constitution of the RF, by the given Federal law, by the laws of the subjects of the RF[3]. It means that the people are the subject of the constitutional legal relations of the state through its bodies and officials.

The state power is the power, founded by f the people, acting on behalf of the people and in interests of the people. The electoral rights, being the variety of the political constitutional rights of the citizens, by means of which there directly occurs the realization of democracy in the Russian Federation, where each person acts as the participant of formation of the bodies of state authorities.

Consequently, democracy is the essential element and the qualitative factor of the democratic legal state, and estranging of the people from making powerful state decisions that is by means of forbid (withdrawal)of free elections of the bodies of state authorities, leads to substance of the essence of the state.

In this connection the Constitutional Court of the RF, proceeding from the preamble of the Constitution of the RF about liability of the multinational people of Russia for the Motherland before present and future generations, in the Resolution from February 18, 1996 has formulated the legal position about the fundamentality of such bases of the constitutional system as democracy, confirming firmness of the democratic base of the Russian Federation. The Constitutional Court of the Russian Federation has noted that the Constitution of the RF does not contain the direct instruction in respect of order of election of heads of executive bodies of state authorities of the subjects of the RF, however, Article 3 (Part 2) provides that the people realize the power directly, as well as through the bodies of state authorities. In the sense of the given article in interrelation with Article 32 of the Constitution of the RF, stipulating the right of the citizens to elect bodies of state authorities, the high official, forming the body of executive authorities, gets the mandate directly from the people and therefore is responsible before the people. Since the federative structure of the Russian Federation is founded on unity of the system of state authorities (Article 5 Part 3 of the Constitution of the RF), bodies of state authorities in the subjects of the Russian Federation are formed on the same principles, as federal. The Federal law from December 6, 1994 "About the main guarantees of electoral rights of the citizens of the RF" named in the list of the officials elected by the people the head of the body of state authorities of the subject of the RF (Article 2). The order of formation of the executive authorities of the subjects of the RF on bases of direct election of heads of administrations was provided in majority of the subjects of the RF. Thus in the Charter of the Altay territory, there was fixed another: the head of administrations is elected by the Legislative Assembly. The head of administration elected in such order can be not considered legitimate since the Legislative Assembly by its decision substituted the direct will of constituents that was recognized by the Constitutional Court of the RF contradicting to the Constitution of the RF and the federal legislation.

The Federal law "About general principles of organization of legislative (representative) and executive bodies of state authorities of the subjects of the Russian Federation" from December 11, 2004 the Order of assignment with authorities of the higher official of the subject of the Russian Federation (head of the executive high body of state authorities of the subject of the Russian Federation) there is provided another order, that existed earlier. At present the President of the Russian Federation offers the candidacy to this position to the legislative and representative body of state authorities of the subject of the Russian Federation, which in turn makes decision about assignment (or about refusal in assignment) with authorities of the candidacy presented by the President of the Russian Federation. federalism democracy constitutional law

Before this procedure the President of the Russian Federation is entrusted with the duty about undertaking consultations, in which there can participate the legislative (representative) body of the subject of the Russian Federation and representatives of political parties.

The new order of assignment of authorities on the high official of the subject does not correspond to the principle of democracy and leads to withdrawal of the people from free elections, the people, as an independent subject of the constitutional legal relations does not participate in this most significant procedure. Whereas, exactly the Constitution of the Russian Federation does not provide assignment of the heads of administration by the President of the Russian Federation, according to the current Constitution of the Russian Federation solely the people, as the barrier of the power, would decide the question by means of the referendum about assignment of the President of the Russian Federation with the specified authority and to make the decision about free elections of the higher officials of the subjects of the Russian Federation.

Besides, the legislative (representative) bodies of the subjects of the Russian Federation do not have mandate of the people and, settling the question about assignment of the candidate offered by the President of the RF, act under awe of the dismissal of the legislative (representative) body and no free will is meant.

In connection with the stated the current order of assignment with authorities of the higher official of the subject of the Russian Federation does not correspond to the Constitution of the Russian Federation, its Articles 3 and 32 (Parts 1 and 2), and the possibility of return in legal field is not excluded.

The Resolution of the Constitutional Court of the Russian Federation No. 13-P from December 21, 2005 on the case about c the verification of separate positions of the Federal law "About general principles of organization of legislative (representative) and executive bodies of state authorities of the subjects of the RF" in connection with complaints of the citizens became a complicated deal to the judges. The fact is that on the case there has been made the special opinion of judge Yaroslavtsev V.G., who considers that the specified positions of items 1 and 2 Article 18 of the above mentioned Federal law do not correspond to the Constitution of the Russian Federation its articles 3 and 32 (Parts 1 and 2). And the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin, commenting in his book "Constitution in XXI century. Look from Ilinka ", explains that "in our resolution there is said not that the new scheme corresponds to the Constitution, but that it does not correspond to the Constitution. The Constitution does not correspond the prescription to undertake the direct elections of governors. Consequently, there exists the possibility of other variant, including - the return to direct elections"[4]. In connection with passing of the given Resolution by the Constitutional Court of the Russian Federation foreign and domestic Mass Media wrote that, the New 2006 Year Russia celebrates quite in another country, in which there acts the fundamental principles of division of the powers, the bases of federalism and electoral rights of the citizens, it ceased to be democratic [5].

The right to elect deputies of the State Duma is transferred to parties, at absence of the real multiparty system, but still is saved the hegemony of one party at power. The rights of public associations are pared. And finally, the right of the population of regions to elect governors is cancelled by efforts of the lawmakers of the branch of the support of the Constitutional Court of the Russian Federation.

Since the Council of the Federation of the Federal Assembly of the RF has the right to initiate the procedure of the impeachment on the event the president has made the criminal crime. But since the president assigns governors, and they assign their own representatives in the council of the Federations, the given body is formed by the president. Consequently, there is violated the most important principle of checks and balances, and there appears the concentration of great authority in conduct of the executive supreme authority of the Russian Federation.

Indeed the constitutional justice is not an easy affair. Lawyers consider that in separate events the constitutional justice has to maneuver between the law and policy. Judges are doomed on eternal searching for "golden mean" between legal interpretation of the policy and political interpretation of the Constitution. The constitutional (authorized) courts can not be through with the policy and be guided only "the letter and spirit of" the law.

The modern policy of state authorities about integration of regions pertains of the above mentioned. Conceived by the federal centre the federative reform, directed to strengthening of the vertical of authorities and integration of regions, causes many debates.

At present several subjects of the RF are on way of integration of regions. On December 7, 2003 there was held the referendum on integration of Komi-Perm autonomous district and Perm region, on April 17, 2005 there was held the referendum on integration of Krasnoyarsk and autonomous districts - Taymyr and Evenkiya, of Irkutsk region and Ust-Ordyn autonomous district, the work on integration of Khanty- Mansi autonomous district, Yamal-Nenets autonomous district and Tyumen region is being undertaken. The administration of the President of the RF on the Decree of the President of the RF transfers great amounts of state support to the subjects of the RF, thus influencing upon upshot of the referendum on the question about merging in the united subject of the RF [6]. At the same time examples on integration of a number of complex subjects can not serve the ground for total change of the federative structure of Russia.

The current variant of building of the Russian Federation on the national-territorial principle, mortgaged in the Constitution of the RF of 1993, is changed to modernization of the country without any changes to the main law.

All began with foundation of the institute of plenipotentiaries of the President of the Russian Federation by the Decree of the President of the RF from May 13, 2000 with changes and additions. According to given Decree there were created seven federal districts. Then there was adopted the Federal law "About order of acceptance in the RF of the unit in its composition of the new subject from December 15, 2001". The following step was passing changes in the Federal law "About general principles of organizations of legislative (representative) and executive bodies of state authorities of the subjects of the RF" from June 19, 2004, adopted on the initiative of the President of the RF from December 11, 2004. In accordance with the given law there was changed the procedure of occupying the position of the high official (the head of the executive high body of state authority of the subject of the RF). In lie stead of the direct elections the constituents are offered another order: the President of the Russian Federation offers the candidacy of the head of the subject to the high legislative (representative) body of the subject of the RF, which approves or does not approve under awe of its dismissal. This changes the state structure of Russia and is the violation of the principle of federalism.

The adopted Federal law "About election of deputies of State Duma", according to which the citizens of Russia are discharged from the electoral company on one-mandate districts and are replaced on party lists for all 450 persons on the system of multimandate electoral district has put end to the Russian federalism.

Modernization of political-territorial structure includes the process of t integration of the subjects of the RF, and reforming of local self management. Crushing of municipal units and frequentative increase of municipal units is provided by the Federal law No. 131 - FL "About general principles of organization t of activity of local self management" in the wording from October 6, 2003 (FL -131).

Not to make the reform in Russia unexpected, there was solved to apply the new law in two regions - Stavropol territory and Novosibirsk region. On results of the experiment there was installed that the rest regions will enter the law No.131 more organically.

At the same time, authorities of the bodies of local self management, installed by the laws of the subjects of the Russian Federation, on questions, not referred by FL -131 to questions of local importance, are separate state authorities, transferred for realization to the bodies of local self management. Financial provision of separate state authorities, transferred to the bodies of local self management, is realized solely on account of provided to local budget subventions from the corresponding budget.

The bodies of local self management do not comprise the system of bodies of state authorities.

Participation of the bodies of state authorities and their officials in formation of position and dismissal from position of officials of local self management is allowed solely in events and order, installed by FL -131.

Financing the costs on maintenance of bodies of local self management is realized solely on account of all income budget of the corresponding to the municipal units.

The municipal property is recognized and is protected by the state equally with other patterns of property.

Change of general principles of organization of local self management, installed by the FL -131, is allowed only by making in it changes and additions.

Whereas, the FL -131 provides undertaking the big volume of organizing, legal and other activities on realization of stated in it positions in a rather long-term periods.

At transitional period the subjects of the RF independently determine the volume of authorities and questions of local importance for newly formed settlements with provision of objective estimation of their possibilities on decision of questions of local importance. The period of redistribution of the property between the levels of authorities is prolonged till January 1, 2009; the periods of changing borders of municipal units are also prolonged.

Alongside with the above named legal acts the system of legislative ensuring the local self management includes norms of the Tax, Budgetary, Civil, Land, Housing, city engineering and other codes of the RF. Concretization of legal bases of activity of municipal authorities is realized in the Federal Law "About main guarantees of electoral rights and the right to participation in the referendum of the citizens of the Russian Federation", the Federal Law "About order of consideration of applications of the citizens of the Russian Federation", the Law of the RF "About education", Bases of legislation about health care of the citizens and other acts.

Russia as the federation is under development. We think it is necessary for Russia to liquidate national republics. Today liquidation of national republics is inadmissible and extremely dangerous. It is necessary to take into account that republics were created in borders of administrative-territorial units, in which the population used the territory for hundreds of years, and as a result of wars ethnic population of the given people is spilt on the whole world ( for instance Cherkessiya). An example cans Chechen Republic. The Russian Federation is the complicated multinational state, having in its composition according to Part 1 Article 5 and Part 1 Article 65 of the Constitution of the Russian Federation six varieties of the subjects of the Federations: republics, territories, regions, city of federalsignificance, autonomous districts and autonomous regions. Part 2 Article 65 of the Constitution provides formation in its composition of the new subject in order, installed by the Federal constitutional law.

The idea of formation of new subject is not new. The Russian history knows examples of formation, abolition, mutating and integration of the subjects of the RF.

However, in the opinion of many politologists integration of a number of the subjects of the Federation - is the serious task, which touches national, geopolitical, natural-resources, national-territorial, trade-financial, transport and other questions, which permission can lead both to integration, and to disintegration of the multicomponent subject of the RF. Therefore, one of the projects of the Constitution of the RF, prepared by the Constitutional commission of 1993, provided formation of one out of several portably located territories and regions with allotment it of the status of the subject of the RF. However these ideas were rejected since at that period of development of statehood in Russia fixed at first in the Federative agreement and further in the Federal Constitution principles of development of federative structure were optimum for permit of political and state crisis after disintegration of the USSR.

At present there are discussed different variants of development of Federation in Russia: from 7 large subjects in the existing borders of the federal districts till 30-60 subjects of the RF, united on geographical, economic principles.

With creation in 2000 by the Decree of the President of the Russian Federation of the federal districts headed by the plenipotentiaries there began the new vector of the federative development. The plenipotentiaries have become institutes, which have regularized the regional legislative base, which is nearly completed.

At present they supervise questions on realization of national projects in the field of health care, education, social maintenance, housing-communal and other questions, as well as they take part in direct formation of supreme bodies of state authorities of the subjects of the RF.

With passing on December 17, 2001 of the Federal constitutional law "About order of acceptance in the Russian Federation and formation in its composition of the new subject of the Russian Federation" the plenipotentiaries carry out the work on the process of integration of the subjects of the RF. The above mentioned law stipulated the procedure of integration of the subjects of the RF. The Law has installed two possible forms of formation of the new subjects of the RF (Article 1).

Taking the new subject in composition of the RF of the foreign state or its part and formation in the composition of the RF of the new subject. Formation of the new subject of the RF in the context of integration of regions integration of two or more bordering subjects of the RF whose territories are subjected to integration with the further cessation of existed subjects of the RF (Part 2 Article 5). That is a) at merging, when stop there existence the united subjects of the RF and the new subject of the RF is formed (for instance, formation of Perm territory as a result of integration of Perm region and Komi-Perm autonomous district;) b) at joining, when one subject of the RF is saved, but the rest of the uniting subjects of the RF fall into its composition, stopping their existence (for instance, integration of Krasnoyarsk territory with Taymyr (Dolgan-Nenets) and Evenkii autonomous districts ).

The initiative of forming the new subject in the Russian Federation belongs to the bodies of state authorities to the subject. The joint statement of legislative (representative) bodies of state authorities and high officials (heads of the executive supreme bodies of state authorities) of the interested subjects of the Russian Federation about formation of the new subject in composition of the Russian Federation is directed to the president of the Russian Federation. The President of the RF is obliged to notify about it the chambers of the Federal Assembly of the Russian Federation and the government of the Russian Federation, and in case of necessity to conduct with them necessary consultations. In the event of support by the President of the Russian Federation of the initiative of the interested subjects of the RF the question about formation in composition of the RF of the new subject in the coordinated wording is put at the referendums of the interested subjects of the RF. Putting of the question about formation in the composition of the RF of the new subject at the referendums of the interested subjects of the RF with differences in its wording is not allowed.

The initiative of undertaking the referendum on the question of formation in the composition of the Russian Federation of the new subject belongs to the high officials ( heads of the executive supreme bodies of state authorities) of the interested subjects of the RF. Hereon, in the subjects of the RF there should be organized the referendum on the question about formation in composition of the RF of the new subject, purpose, preparation and undertaking of which is realized in accordance with the laws of the interested subjects of the RF about referendum, passed in the correspondence with the Federal law "About main guarantees of electoral rights and the right to participation in referendum of the citizens of the RF". If at the referendums there are passed corresponding decisions on the question about formation in the composition of the Russian Federation of the new subject, there should be entered the project of the federal constitutional law about formation in the composition of the RF of the new subject in the State Duma of the Federal Assembly. Such project can be entered solely by the President of the Russian Federation in accordance with the right of the legislative initiative.

Herewith in the lower chamber for it must vote not less than 2/3 deputies of the State Duma. Further for the given federal constitutional law must vote not less than 3/4 from the total number of the members of the Council of the Federation.

At present there have entered and act the Federal Constitutional Law (FCL) from March 25, 2004 No. 1 - FCL "About formation of the new subject of the Russian Federation as a result of integration of Perm region and Komi-Perm autonomous district", FCL from October 14, 2005 "About formation in the composition of the Russian Federation as a result of integration of Krasnoyarsk territory, Taymyr (Dolgan-Nenets) autonomous district and Evenkii autonomous district". In accordance with the Federal Constitutional Law from December 1, 2005 there has been formed Perm territory and from January 1, 2007 has been formed Krasnoyarsk territory with the integrated in its composition Taymyr and Evenkii autonomous districts.

The Federal constitutional laws regulate organizing, financial, economic and other questions, connected with integration of regions. The Federal constitutional law "About formation in the composition of the Russian Federation of the new subject of the RF as a result of integration of Krasnoyarsk territory, Taymyr (Dolgan-Nenets) autonomous district and Evenkii autonomous district" provides the main terms, procedure and period of formation of the new subject of the RF, its name, status, borders, period of the cessation of existence of Krasnoyarsk territory, Taymyr (Dolgan-Nenets) autonomous district and Evenkii autonomous district, as well as transitional period of formation of the new subject of the Russian Federation since January 2007 and not later than December 31, 2007. During the specified transitional period there must be terminated formation of the bodies of state authorities of the new subject of the Russian Federation. The Law determines order of preparation and passing budgets of the new subjects of the RF for the years 2007-2008 from the federal budget, order of functioning before termination of the transitional period of state bodies and organizations of the territory and autonomous districts, territorial bodies of federal bodies of executive state authorities, federal courts on the territory of the new subject of the Russian federation, as well as succession of the new subject of the Russian Federation including, in respect of property of the territory and autonomous district, order of the action of the laws and other statutory legal acts of the territory and autonomous districts on the territory of the new subject of the Russian Federation. The Law also regulates particularities of organization of activity of local self management on the territory and other questions.

On December 23, 2005 there took place the referendum on integration of Kamchatka region and Koryak autonomous district. On results of the referendums on integration of Irkutsk region and Ust-Ordyn Buryat autonomous district, taken place on April 14, 2006, by the majority of votes there was made decision on integration.

At present there is discussed the possibility of integration of Archangelsk region and Nenets autonomous district, Khabarovsk territory with Jewish autonomous region, St Petersburg with Leningrad region, Pskov region with Novgorod, Lipetsk with Voronezh region and others.

The process of integration of regions can be continued only in the event of provision of real suitable existence of all people in the region. Otherwise, at integration of the subjects there inevitably can appear contradictions in financial- economic inequality, with further problems of ethnic contradictions that can be complicated by influence of the national historical consciousness of people residing there, negatively perceiving any claims of neighbors on their territory. Since, in republics, especially, in North Caucasus there consolidating factor is not economy and religion, but consciousness.

Coming from the specified existing problems, it is necessary to adopt the complex concept of modernization of the federative system of the Russian Federation, in which there should be fixed main purposes and tasks of integration of regions with working out of the whole complex of the questions. One of the key blocks in the concept should become the national question, which would exclude negative ethnic relations.

Disregarding all factors, influencing the process of integration and radical reform of the whole statehood and large-scale constitutional reform, it is impossible to ensure the constitutional right to integration of regions.

However the idea of modernization and improvement of the federative relations can not be reduced to the next round of the redistribution of authorities and revenue sources of different levels. Goreglyad V.P., deputy chairman of the Council of the Federation considers that for realization of the new policy of integration of regions we need the policy of the federal, rather then unitary state. This assumes decision of two interconnected problems. First, it is necessary that the legislation in the sphere of development of federative relations should not come off from social-economic realities. Today there is undertaken the attempt to fix the full centralization of the state property on natural facilities that does not correspond to the formal balance of economic interests of the federation; secondly, to work out the bases of the federal regional policy. The Federal centre by integration of the subjects of the RF in the long-term prospect can hope, first of all, in reduction of sizes of financial aid to the subjects of the RF, but for this at present on this program will be given great money resources.

Many scientists and experts consider that total integration of regions, in particular of national republics and reduction of their number has negative moments, which can appear both in the process of integration, and subsequently. The subjects should be integrated solely, when it does not contradict the idea of self-determination and national interests of the people, residing on the territory of the subject, and voluntary will of the population of the subject; when it is economically and socially motivated, as well as required for optimization of control.

Since exactly the process of the territorial integration of regions does not avoid existing between them breakups in the level of living, the idea of self sufficiency of regions can bring to separatism. There can appear contradictions between economic equality of all the subjects and provision of economic efficiency.

Besides, scientist warn that if instead of 89 there will be created 30-60 subjects of the Federation, the federal centre will face the situation when the new subjects will become very strong in economic and political attitude that will allow them successfully compete not only with each other, but with the Federation as a whole. It is difficult to control 89 subjects of the RF, but it will be harder to control large, economically and politically powerful subjects, which will pretend to independence, and the new version of delimitation of competencies. Coming from the above mentioned experts consider that it is necessary:

1. Legislatively to install limits of integration.

2. To make the calculation of the budgetary provision and financial motivation of the new subjects with what financial aid they can expect.

To make the calculation on long-term prospect of the budget of the new subject on example of already existing on subject of the calculation of their possible self sufficiency. If existing between the integrated subjects breakups in the level of living are not eliminated, there is no sense to carry out integration.

One of the most important tasks of the domestic policy of the President Putin V.V. has become strengthening of the Russian statehood and, state wholeness of the Russian Federation.

On the first stage of its formation the Russian federalism faced a number of complex problems, which on measure of their accumulation created the real danger for the state and territorial wholeness of the country. The notions "wholeness of the state" and "the state wholeness" are often considered as synonyms. In the opinion of scientists there exist some differences between them. Exactly the term "state" has two meanings: the country, historically established geographical space, recognized by the world community; organization of public authorities, political institute, representing the society and leading the process of its development on behalf of the society.

The notion "wholeness of the state" reflects the first meaning, in it the main accent is put on conservation by the state of its status as the member of the world community of the subject of the international law. For instance, the repeated transition of Alsace and Lorraine from France to Germany does not influence the main elements, forming the state wholeness. The notion "state wholeness" is more applicable to the second meaning of the state. In this case it is possible to speak not only about the territorial wholeness but , first of all, about conservation of the constitutional system, political and state mode, systems of the bodies of state authorities, but as to the federative state with reference about provision of wholeness of the constitutional system in borders of the whole federation[7].

The example of loss of state wholeness, resulted in disintegration of the federative state can serve the Soviet Union. For increasing efficiency of state authorities and strengthening of the federative relations the Federal centre came to the conclusion about the necessity to cancel the Federal agreement from March 31, 1992, which recognized the state sovereignty of the subjects of the Russian Federation. The next step was taking by the Constitutional Court of the Russian Federation of the Resolution from June 7, 2000 on Republic Altai, which became the key act, and the court installed the sovereignty for the Russian Federation on behalf of its multinational people - the barrier and the single source of the power in the Russian Federation, and any division of the sovereignty is excluded.

The Constitutional Court of the Russian Federation has taken more than 30 resolutions, which touched upon the federative problems. As to the nature and particularities of the Russian Federation the Constitutional Court comes from the fact that the Russian Federation is the constitutional, rather then constitutionally-contractual federation. The federative agreement from March 31, 1992 afforded the ground for its features, as constitutionally-contractual federation. Later there were concluded agreements with the subjects of the RF about cancelling of the existed agreements with the federation. The fundamental principles of the federalism are determined by the Constitution of the RF. The federative d structure of the RF is founded on its state wholeness, unity of the system of state authorities, delimitation and subjects of conduct and authorities between the bodies of state authorities of the RF and bodies of state authorities of the subjects of the RF, equality and self-determination of peoples of the Russian Federation (Article 5 of the Constitution of the RF). Further in its Article 10 it is installed that the state power in the RF is realized on the base of division into legislative, executive and judicial. They are independent within the framework of their own authorities and interact between themselves.

On the account of the federative nature of our state its Constitution stipulates the principle of division of state authorities not only horizontally, but also vertically. The given statement is confirmed by Part 2 Article 11 of the Constitutions of the RF, according to which "the state power in the subjects of the RF is realized by the formed by them bodies of state authorities". Article 73 of the Constitution of the RF provides that "outside limits of conduct of the Russian Federation and subjects of the RF, the subjects of the RF possess whole fullness of state authorities". Logically the Constitution of the RF should stipulate all three branches of authorities at the regional level as well. However the main law of the country mentions only legislative and executive branches of authorities. This position is stated in Article 77 of the Constitution, which says: "the system of bodies of state authorities of the republics, territories, regions, cities of federal importance, autonomous regions, autonomous districts is installed by the subjects of the RF independently in accordance with bases of the constitutional system of the RF and general principles of organization of the representative and executive bodies of state authorities, installed by the federal law". The federal laws provide absence of such right of the subject, therefore, the given position of Article 77 contradicts itself and the bases of the constitutional system i.e. Part 2 Article 16, which installs that " no other positions of the current Constitution can contradict the bases of the constitutional system of the RF".

According to Article 72 of the Constitution of the RF the state bodies of the subjects of the RF jointly with federal bodies should provide protection of rights and freedoms of a person and a citizen, ethnic minorities, legality, law and order and public safety. We mean law-enforcement bodies, in particular, bodies of judicial authorities of the subjects of the RF, which jointly with other law enforcement bodies are obliged to provide protection of the specified rights. But they are not mentioned in the Constitution of the RF, therefore, scientists and lawyers, working in the constitutional law, offer to add Part 2 article 11 with the words "and judicial bodies" as it is in Part 1 Article 11 of the Constitution of the RF. As the subjects of the RF have the legislative and executive bodies of the power, but there is not provided the judicial body of the power, which should realize protection of rights and freedoms of a person and a citizen on the law taken by the subjects of the RF.

At present with adoption of the Federal constitutional law "about judicial system of the RF there appeared the possibility of creation of courts of the subjects of the RF. ". In 16 subjects there function the constitutional (authorized) courts, but in connection with optimality of their creation the majority of the population of Russia in the subjects of the RF do not have such right that violate the most important constitutional principle of equality the citizens before the law and court regardless of residence. For many years practicing lawyers have been applying to enter changes to Part 1 Article 27of the FCL "About judicial system of the RF", instead of the word "can" to state: "to create the constitutional (authorized) courts", however till present no changes are entered.

The Notes

1. Постановление Конституционного Суда Российской Федерации от 10 июня 2008 года по делу о проверке конституционности положений статей 4, 13, 19 и 58 Федерального закона от 19 сентября 2007 года «Об основных гарантиях избирательных прав и права на участия в референдуме граждан РФ.

2. Редакция Федерального закона от 21 июля 2005 года.

3. См. пункт 28 статьи 2.

4. В.Д. Зорькин «Россия и Конституция в ХХI веке. Взгляд с Ильинки» - М., 2007.

5. Политика и власть № 44 (95) 26 декабря 2005 года К.Катанян.

6. См. Указ Президента РФ о мерах по социально-экономическому развитию Красноярского края и других субъектов.

7. См. законы «О территориальной целостности РФ» 2009 года и «О гарантиях государственной целостности РФ».

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