The international legal status of the Republic of Buryatia
Автор: Khyshiktuev Oleg V., Madaev Evgeniy O.
Журнал: Вестник Бурятского государственного университета. Юриспруденция @vestnik-bsu-jurisprudence
Рубрика: Актуальные проблемы конституционного права
Статья в выпуске: 1, 2019 года.
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This article carries out a research in the field of the legal foundation of realization of international and foreign economic relations of the subjects of the Russian Federation, it analyses the opinions in the literature on legal problems concerning the legal nature of such relations. The multidimensional character of the participation of the subjects of the RF in the interstate activity is substantiated. The need arises to study the international legal status of the subjects of the Russian Federation and the Republic of Buryatia in particular. To attain this goal it is necessary to solve the following problems concerning the most important element of international legal subjectivism; the ratio of the scope of legal authority of the subject of the Russian Federation in comparison to border subject of the Russian Federation as a participant of the international and foreign economic relations. Do the subjects of the Russian Federation have the legal subjectivism? If yes, then to what extent, full or limited? The authors have come to the conclusion that currently international activities of the subjects of the Russian Federation can be characterized by: 1) conclusion of international agreements; 2) establishment of foreign representative offices; 3) membership in international organizations. However, at present times the norms of international law and legislation of the Russian Federation do not recognize agreements as the international treaties. A subject of international law is considered to have a right for conclusion international treaties. It is supposed that the exchange of missions with the subjects of foreign federations, membership of the subjects of the Russian Federation in the international organizations are not the key element of international legal subjectivism. The authors believe that the analysis of the current legislation of the Russian Federation enables to consider the different scope of authority of subjects of the Russian Federation in comparison to border subjects of the Russian Federation, as participants of the international and foreign economic relations. Thus, the local governments of the border subject authorities of the Russian Federation in the sphere of border cooperation may enter into partnership agreements with the local governments of other sovereign states that are located in the neighboring states. At the same time, other subjects of the Russian Federation do not enjoy this legal trait to the same extent, as their international trade activity is done according to the federal laws of the Russian Federation. The authors consider that now the subjects of the Russian Federation and the Republic of Buryatia in particular do not have the full scope of the international legal subjectivism, however, the perspectives for their further development into the subjects of international law exist.
Legal subjectivism, international relations, foreign economic relations, border subject of the russian federation, international treaties, agreements
Короткий адрес: https://sciup.org/148317907
IDR: 148317907