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
Автор: Dovgan K.E.
Журнал: Вестник Омской юридической академии @vestnik-omua
Рубрика: Теория и история права и государства, история учений о праве и государстве
Статья в выпуске: 3 т.19, 2022 года.
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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.
Framework legal regulation, framework legislation, fundamentals of legislation, uncertainty, polysemy, legal technique
Короткий адрес: https://sciup.org/143179433
IDR: 143179433 | DOI: 10.19073/2658-7602-2022-19-3-233-244