The Problems of Defining Exclusive Areas of Jurisdiction of the Constituent Entities of the Russian Federation as a Key Issue in Delimiting Areas of Jurisdiction Between the Russian Federation and Its Constituent Entities
Journal: Правопорядок: история, теория, практика @legal-order
Section: Административное право и процесс
Article in issue: 2 (49), 2026.
Free access
This article examines the main methods of delimiting jurisdiction between the federation and its constituent entities in different federal states, comparing them witheach other. The paper analyzes the model for delimiting jurisdiction and powers between the Russian Federation and its constituent entities. Various issues related to delimiting jurisdiction and powers between the Russian Federation and its constituent entities are examined. Thus, the article examines the blurring of powers between the federal center and the regions. The normative basis for the work is the provisions of the Constitution of the Russian Federation, federal legislation, the provisions of the сonstitutions (сharters) of the constituent entities of the Russian Federation, and the practice of the Constitutional Court of the Russian Federation. To solve the set tasks, the article uses the following research methods: analysis, synthesis, as well as the method of comparing scientific and methodological literature and regulatory legal acts on the delimitation of jurisdiction between the Russian Federation and its constituent entities. The following key findings were reached as part of the study: a trend toward an increasing role for the federal centerin matters of delineating jurisdiction was identified, and certain difficulties in delimitation areas of joint jurisdiction between the Russian Federation and the constituent entities of the Russian Federation, as well as the exclusive jurisdiction of constituent entities, were identified. Furthermore, a related problem is the lack of an exhaustive list of issues falling within the exclusive jurisdiction of the constituent entities of the Russian Federation in the Russian Constitution. In conclusion, a recommendation is proposed for amendments to Article 73 of the Constitution of the Russian Federation. It is considered relevant to develop a detailed list of issues falling within the exclusive jurisdiction of the constituent entities of the Russian Federation and to include it in the text of this article. Implementation of this proposal is intended to significantly reduce the likelihood of federal government intervention in areas falling within the jurisdiction of the regions through the adoption of federal laws.
Short address: https://sciup.org/14138386
IDS: 14138386 | UDC: 342.5 | DOI: 10.47475/2311-696X-2026-49-2-146-153