俄罗斯联邦联邦政府机构及其主体管辖主体和权力界定领域框架法律规定的发展

K. Dovgan
{"title":"俄罗斯联邦联邦政府机构及其主体管辖主体和权力界定领域框架法律规定的发展","authors":"K. Dovgan","doi":"10.19073/2658-7602-2022-19-3-233-244","DOIUrl":null,"url":null,"abstract":"The article analyzes individual legal acts regulating the issues of delimitation of the jurisdiction and powers of the Russian Federation and the constituent entities of the Russian Federation in terms of legal technique, in particular, the presence of elements of a framework legal regulation. Separate aspects of framework legal regulation from the point of view of constitutional law, the purpose of this study is to study the legal technique, tools of framework legal regulation. The mechanism of framework legal regulation exists in the field of delimitation of the subjects of jurisdiction and powers of federal government bodies and its subjects. From the point of view of legal technique, signs of framework legal regulation can be traced in the legislation of the USSR, however, conceptual changes in the development of federal relations began to occur at the end of the 20th century. An analysis of the legal acts that were signed before the popular vote on the adoption of the Constitution of the Russian Federation is essential in the process of determining the legal tools that the legislator used in regulating federal relations in the Russian Federation. Regulatory legal acts, including the Federal Treaty, were of great importance in the process of centralization of state power in our country, contributed to preventing the withdrawal of the autonomous union republics of the RSFSR from its composition. The Federal Treaty has certain features, on the technical and legal side, the text contains polysemy, relatively certain norms that create uncertainty in legal regulation, on the one hand, and on the other hand, in some Treaties there is a condition for further specification of legal relations, which allows taking into account the local features of the regions in further legal regulation. In complex states, the relationship between federal authorities and subjects of the federation is important, first of all, in order to carry out the functions of the state. From the point of view of the methodological concept of historicism, it is possible to explore the development of legal means of framework legal regulation, which were laid down during the formation and development of federal relations in Russia. Based on the results of the study, certain problems were identified, as well as generalizing conclusions were made.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Development of Framework Legal Regulation in the Field of Delimitation of Subjects of Jurisdiction and Powers of Federal Government Bodies of the Russian Federation and Its Subjects\",\"authors\":\"K. Dovgan\",\"doi\":\"10.19073/2658-7602-2022-19-3-233-244\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article analyzes individual legal acts regulating the issues of delimitation of the jurisdiction and powers of the Russian Federation and the constituent entities of the Russian Federation in terms of legal technique, in particular, the presence of elements of a framework legal regulation. Separate aspects of framework legal regulation from the point of view of constitutional law, the purpose of this study is to study the legal technique, tools of framework legal regulation. The mechanism of framework legal regulation exists in the field of delimitation of the subjects of jurisdiction and powers of federal government bodies and its subjects. From the point of view of legal technique, signs of framework legal regulation can be traced in the legislation of the USSR, however, conceptual changes in the development of federal relations began to occur at the end of the 20th century. An analysis of the legal acts that were signed before the popular vote on the adoption of the Constitution of the Russian Federation is essential in the process of determining the legal tools that the legislator used in regulating federal relations in the Russian Federation. Regulatory legal acts, including the Federal Treaty, were of great importance in the process of centralization of state power in our country, contributed to preventing the withdrawal of the autonomous union republics of the RSFSR from its composition. The Federal Treaty has certain features, on the technical and legal side, the text contains polysemy, relatively certain norms that create uncertainty in legal regulation, on the one hand, and on the other hand, in some Treaties there is a condition for further specification of legal relations, which allows taking into account the local features of the regions in further legal regulation. In complex states, the relationship between federal authorities and subjects of the federation is important, first of all, in order to carry out the functions of the state. From the point of view of the methodological concept of historicism, it is possible to explore the development of legal means of framework legal regulation, which were laid down during the formation and development of federal relations in Russia. Based on the results of the study, certain problems were identified, as well as generalizing conclusions were made.\",\"PeriodicalId\":33294,\"journal\":{\"name\":\"Sibirskoe iuridicheskoe obozrenie\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-09-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Sibirskoe iuridicheskoe obozrenie\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.19073/2658-7602-2022-19-3-233-244\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Sibirskoe iuridicheskoe obozrenie","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.19073/2658-7602-2022-19-3-233-244","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

本文从法律技术的角度分析了规范俄罗斯联邦和俄罗斯联邦组成实体的管辖权和权力界定问题的个别法律行为,特别是框架法律规定要素的存在。从宪法的角度出发,对框架法律规制的各个方面进行分析,研究框架法律规制的法律技术、法律工具。框架法律规制机制存在于联邦政府机构及其主体的管辖主体和权力界定领域。从法律技术的角度来看,在苏联的立法中可以找到框架法律规制的迹象,但在20世纪末,联邦关系发展的观念变化开始发生。在确定立法者用于调节俄罗斯联邦联邦关系的法律工具的过程中,对通过俄罗斯联邦宪法的全民投票之前签署的法律文件进行分析是必不可少的。包括《联邦条约》在内的规范性法律行为在我国国家权力集中的过程中非常重要,有助于防止俄罗斯联邦社会主义共和国的自治联盟共和国从其组成中退出。联邦条约有一定的特点,在技术和法律方面,一方面,文本包含多义性,相对确定的规范在法律规制中造成不确定性,另一方面,在一些条约中有进一步规范法律关系的条件,这允许在进一步的法律规制中考虑到地区的地方特点。在复杂的国家中,联邦当局和联邦主体之间的关系是重要的,首先是为了执行国家的职能。从历史主义方法论概念的角度来看,有可能探讨框架法律规制的法律手段的发展,这是在俄罗斯联邦关系形成和发展过程中奠定的。根据研究结果,确定了某些问题,并得出了概括性结论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
The Development of Framework Legal Regulation in the Field of Delimitation of Subjects of Jurisdiction and Powers of Federal Government Bodies of the Russian Federation and Its Subjects
The article analyzes individual legal acts regulating the issues of delimitation of the jurisdiction and powers of the Russian Federation and the constituent entities of the Russian Federation in terms of legal technique, in particular, the presence of elements of a framework legal regulation. Separate aspects of framework legal regulation from the point of view of constitutional law, the purpose of this study is to study the legal technique, tools of framework legal regulation. The mechanism of framework legal regulation exists in the field of delimitation of the subjects of jurisdiction and powers of federal government bodies and its subjects. From the point of view of legal technique, signs of framework legal regulation can be traced in the legislation of the USSR, however, conceptual changes in the development of federal relations began to occur at the end of the 20th century. An analysis of the legal acts that were signed before the popular vote on the adoption of the Constitution of the Russian Federation is essential in the process of determining the legal tools that the legislator used in regulating federal relations in the Russian Federation. Regulatory legal acts, including the Federal Treaty, were of great importance in the process of centralization of state power in our country, contributed to preventing the withdrawal of the autonomous union republics of the RSFSR from its composition. The Federal Treaty has certain features, on the technical and legal side, the text contains polysemy, relatively certain norms that create uncertainty in legal regulation, on the one hand, and on the other hand, in some Treaties there is a condition for further specification of legal relations, which allows taking into account the local features of the regions in further legal regulation. In complex states, the relationship between federal authorities and subjects of the federation is important, first of all, in order to carry out the functions of the state. From the point of view of the methodological concept of historicism, it is possible to explore the development of legal means of framework legal regulation, which were laid down during the formation and development of federal relations in Russia. Based on the results of the study, certain problems were identified, as well as generalizing conclusions were made.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
14
审稿时长
21 weeks
期刊最新文献
Administrative Discretion: Questions and Answers (Part 3) Some Features of the Criminal Procedural Status of a Witness On the Origins of Administrative and Judicial Discretion in Russian Administrative and Jurisdictional Activities The Legal Concept of “Source of Increased Danger” Exhaustion of Exclusive Rights to Computer Programs Under the Laws of Russia, the USA, the EU, China and India
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1