{"title":"联邦和地区立法的宪法和法定规范之间的相互关系,规范俄罗斯联邦主体的地位","authors":"Arsen Magomedov","doi":"10.35750/2071-8284-2023-2-71-78","DOIUrl":null,"url":null,"abstract":"The article is devoted to the research of a number of actual problems connected with the implementation of normative provisions of parts 1 and 2 of article 66 of the Constitution of the Russian Federation. The aim of the research is to develop theoretical foundations and to form scientific ideas about the constitutional and statutory regulation of the status of the subjects of the Russian Federation as a developing institute of modern constitutional law, which is to be considered in the dynamics of its genesis and taking into account the retrospective aspect. \nResearch methods.In the process of research, the author successfully applied such methods as theoretical, general philosophical analysis (dialectics, systematic method, analysis, analogy, synthesis, observation and modelling). The legal methods (formal-logical), as well as sociological methods (statistical and expert evaluations) were taken as the basis for the author’s conclusions. The author pays special attention to the genesis of the essence and content of such concepts as «federal legislation» and «regional legislation». In order to assess the category of «federalism», the author uses the analysis specific to the assessment of cognitive and socio-economic characteristics of «federal relations», which, unfortunately, are often differentiated and sometimes even opposed. \nResearch results. The relevance of the author’s research theme is proved by the need to guarantee the autonomy of the subjects of the Russian Federation in determining their status through constitutional and statutory regulation of social relations, applied simultaneously with the institutions of exclusively federal sovereignty, prohibition of secession and the possibility of federal intervention in extraordinary circumstances. It creates a constitutional balance between centralisation and decentralisation in federal relations based on the concept of «cooperative federalism» that is perspective for modern Russia. The author’s opinion on the correlation between the norms of federal and regional legislation of the subjects of the Russian Federation is substantiated and conclusions are drawn regarding the prospects for the development of the institution of federalism in Russia.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":"22 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Correlation between constitutional and statutory norms of federal and regional legislation, regulating the status of the subjects of the Russian Federation\",\"authors\":\"Arsen Magomedov\",\"doi\":\"10.35750/2071-8284-2023-2-71-78\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article is devoted to the research of a number of actual problems connected with the implementation of normative provisions of parts 1 and 2 of article 66 of the Constitution of the Russian Federation. The aim of the research is to develop theoretical foundations and to form scientific ideas about the constitutional and statutory regulation of the status of the subjects of the Russian Federation as a developing institute of modern constitutional law, which is to be considered in the dynamics of its genesis and taking into account the retrospective aspect. \\nResearch methods.In the process of research, the author successfully applied such methods as theoretical, general philosophical analysis (dialectics, systematic method, analysis, analogy, synthesis, observation and modelling). The legal methods (formal-logical), as well as sociological methods (statistical and expert evaluations) were taken as the basis for the author’s conclusions. The author pays special attention to the genesis of the essence and content of such concepts as «federal legislation» and «regional legislation». In order to assess the category of «federalism», the author uses the analysis specific to the assessment of cognitive and socio-economic characteristics of «federal relations», which, unfortunately, are often differentiated and sometimes even opposed. \\nResearch results. The relevance of the author’s research theme is proved by the need to guarantee the autonomy of the subjects of the Russian Federation in determining their status through constitutional and statutory regulation of social relations, applied simultaneously with the institutions of exclusively federal sovereignty, prohibition of secession and the possibility of federal intervention in extraordinary circumstances. It creates a constitutional balance between centralisation and decentralisation in federal relations based on the concept of «cooperative federalism» that is perspective for modern Russia. The author’s opinion on the correlation between the norms of federal and regional legislation of the subjects of the Russian Federation is substantiated and conclusions are drawn regarding the prospects for the development of the institution of federalism in Russia.\",\"PeriodicalId\":43418,\"journal\":{\"name\":\"Vestnik St Petersburg University-Mathematics\",\"volume\":\"22 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2023-06-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Vestnik St Petersburg University-Mathematics\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.35750/2071-8284-2023-2-71-78\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"MATHEMATICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Vestnik St Petersburg University-Mathematics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.35750/2071-8284-2023-2-71-78","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"MATHEMATICS","Score":null,"Total":0}
Correlation between constitutional and statutory norms of federal and regional legislation, regulating the status of the subjects of the Russian Federation
The article is devoted to the research of a number of actual problems connected with the implementation of normative provisions of parts 1 and 2 of article 66 of the Constitution of the Russian Federation. The aim of the research is to develop theoretical foundations and to form scientific ideas about the constitutional and statutory regulation of the status of the subjects of the Russian Federation as a developing institute of modern constitutional law, which is to be considered in the dynamics of its genesis and taking into account the retrospective aspect.
Research methods.In the process of research, the author successfully applied such methods as theoretical, general philosophical analysis (dialectics, systematic method, analysis, analogy, synthesis, observation and modelling). The legal methods (formal-logical), as well as sociological methods (statistical and expert evaluations) were taken as the basis for the author’s conclusions. The author pays special attention to the genesis of the essence and content of such concepts as «federal legislation» and «regional legislation». In order to assess the category of «federalism», the author uses the analysis specific to the assessment of cognitive and socio-economic characteristics of «federal relations», which, unfortunately, are often differentiated and sometimes even opposed.
Research results. The relevance of the author’s research theme is proved by the need to guarantee the autonomy of the subjects of the Russian Federation in determining their status through constitutional and statutory regulation of social relations, applied simultaneously with the institutions of exclusively federal sovereignty, prohibition of secession and the possibility of federal intervention in extraordinary circumstances. It creates a constitutional balance between centralisation and decentralisation in federal relations based on the concept of «cooperative federalism» that is perspective for modern Russia. The author’s opinion on the correlation between the norms of federal and regional legislation of the subjects of the Russian Federation is substantiated and conclusions are drawn regarding the prospects for the development of the institution of federalism in Russia.
期刊介绍:
Vestnik St. Petersburg University, Mathematics is a journal that publishes original contributions in all areas of fundamental and applied mathematics. It is the prime outlet for the findings of scientists from the Faculty of Mathematics and Mechanics of St. Petersburg State University. Articles of the journal cover the major areas of fundamental and applied mathematics. The following are the main subject headings: Mathematical Analysis; Higher Algebra and Numbers Theory; Higher Geometry; Differential Equations; Mathematical Physics; Computational Mathematics and Numerical Analysis; Statistical Simulation; Theoretical Cybernetics; Game Theory; Operations Research; Theory of Probability and Mathematical Statistics, and Mathematical Problems of Mechanics and Astronomy.